October Quarterly Meeting Committee Selects 8

Bench-Bar Preview Inside!

November 2004 The Monthly Newspaper of the Philadelphia Bar Association Vol. 33, No. 11 Nominating October Quarterly Meeting Committee Selects 8

The Association’s Nominating Committee on Oct. 12 nominated the following candidates for Bar Association offices: Vice Chancellor, See You at Jane L. Dalton; the Bench-Bar! Secretary, John Walk-in registration is E. Savoth; Assi- available at the stant Secretary, Association’s Bench- Kathleen D. Bar Conference at the Wilkinson; Borgata on Nov. 5 and Treasurer, Mary 6. See pages 12-13 for F. Platt; and details and a confer- Assistant Trea- ence preview. surer, Scott F. Cooper. The Committee also made the following nominations for three-year terms Photo by Jeff Lyons Chancellor Gabriel L.I. Bevilacqua (right) meets with William J. Brennan Jr. Distinguished Jurist Award recipient Judge James R. (three of five positions) on the Board of Melinson and Sandra Day O’Connor Award recipient Judge Marjorie O. Rendell prior to the Oct. 21 Quarterly Meeting and Luncheon at Governors: Jeffrey B. McCarron, Matthew the Park Hyatt Philadelphia at the Bellevue. More than 500 people turned out to see the two judges honored as well as hear remarks Perks and Joseph A. Prim. from University of Pennsylvania President Dr. Amy Gutmann. Story, more photos page 10. Notice is hereby given that the Philadelphia Bar Association is accepting additional nominations for candidates Citizens Pro Bono Award for Bar offices to be elected by the membership at the Association’s Annual Meeting and Election on Tuesday, Dec. 7. The deadline for filing these addition- McCausland, Schnader to Receive Honor al nominations is Friday, Nov. 5 at 5 p.m. By Jeff Lyons opment and deliv- for more than 17 years. The Schnader Nominations must be in writing and ery of pro bono le- firm provides a variety of pro bono ser- may take the form of a letter to the Margaret A. McCausland, a partner gal services in the vices including representation in cases continued on page 19 at Blank Rome LLP, and the law firm of Philadelphia area,” involving the death penalty, prisoners’ Schnader Harrison Segal & Lewis LLP, said Audrey C. Tall- civil rights, constitutional rights and In This Issue ... have been selected as recipients of the ey, chair of the Citi- advocating for families and children. Citizens Pro Bono Award for 2004. The zens Pro Bono Aw- The Award Committee was impressed 5 Just The Beginning awards will be presented at the Phila- ard Committee. and deeply moved by the level of com- 9 delphia Bar Foundation’s Andrew There was no win- McCausland mitment to pro bono service shown by Year-End Events Hamilton Ball on Saturday, Nov. 13. ner in the small firm the nominees overall,” Talley said. 14 YLD Zooboolee “Each of this year’s award recipients category this year. “Through her relentless advocacy, were standouts in terms of length and “Peggy McCausland has a long his- Peggy has been able to persuade some 15 Feasts to Famine breadth of their pro bono commitment tory of significant pro bono activity. parents to obtain needed help so their and experience. They also demonstrat- She has been an active volunteer with children could be reunited with them, 22 People ed significant dedication to the devel- the Support Center for Child Advocates continued on page 6 KNIPES-COHEN COURT REPORTING 215-928-9300 ROBERT J. MARANO, Esq., MARKETING DIRECTOR COURT REPORTING • VIDEOGRAPHY • VIDEOCONFERENCING 400 Market Street, 11th Floor, Philadelphia, PA 19106, Phone: 800-544-9800 • 215-928-9300 • Fax: 215-627-0555 SHIPPING. SYNCHRONIZED.

When you have employees in multiple offi ces, it can be diffi cult to stay in control of the shipping process. That’s why we developed UPS CampusShipTM. This free online application helps centralize and manage employee shipping, whether your employees are spread out across fl oors, across the country, or even across borders. With CampusShip, you decide who can access UPS® international, overnight and ground services. You determine who can use which department and client codes. So employees can ship independently as needed. And costs are easily allocated correctly every time — helping you improve productivity, reduce overhead and gain additional revenue. In fact, it’s never been so easy to oversee every shipment your employees make.

Your employees are out there making shipments. How do you manage it all from here?

PHILADELPHIA 2 NOVEMBER 2004 / BAR REPORTER It’s Time to Unite After Contentious Election by Gabriel L.I. Bevilacqua But just as lawyers battle mightily in a courtroom and then reunite Will Rogers said it: “Politics is the FRONTLINE best show in America.” around our commitment to the rule of law and the legal process, As you read this the curtain has in Americans can disagree and then unite again under our Constitution and all likelihood come down on the biggest political show in town: the bat- our system of laws of justice. tle for the presidency. Hopefully the final act has been played and the story has concluded definitively. Now, it’s Republican governors and legislatures the election: “Well boys, your troubles time to regroup, reunite and reflect. were elected in both those states and are over now, mine have just begun.” I suppose the first thing we have to that encouraged the GOP candidate, By the end of the year the first South- remember is that even though politics Abraham Lincoln. But the nation was ern state (South Carolina) had seceded. may seem like a show, it’s a show with And that’s bound to leave some deeply divided with Lincoln and three By the beginning of February the Con- very real consequences. What happens wounds and perhaps even some scars. other presidential candidates contest- federacy was formed. Even before he in a political campaign like the one But just as lawyers battle mightily in a ing for the top spot: Stephen A. Doug- was inaugurated Lincoln faced the we’ve just experienced really does have courtroom and then reunite around las (the Democrat), John C. Breckinridge greatest constitutional crisis in Amer- tremendous consequences for the na- our commitment to the rule of law and (representing southern Democrat “bolt- ican history. And many held him per- tion. It does matter how things turn the legal process, Americans can dis- ers”) and the Whig-Know-Nothing sonally responsible for the dissolution out. And even though some of our fin- agree and then unite again under our candidate John Bell. One of his biogra- of the union. On Inauguration Day, est politicians have also been superb Constitution and our system of laws of phers explains that for many people (March 4) for the first time in American actors (both literally and figuratively) justice. An orderly process drives our Lincoln aroused “such a fever of revul- history, troops had to be stationed the principals in this unfolding drama democracy and lawyers are servants of sion” that the reaction to him bordered around the Capitol with specific in- are real people. So, they work hard and that process and, at their best, champi- on “hysteria.” Lincoln found himself structions to protect the incoming they battle and they anguish over the ons of that democracy. As Philadelphia caught between the founders of aboli- President’s life. competition just as you and I would. lawyers (and part of an association tionism who deemed his gradual app- More than once in the years that It’s simply all a bit magnified at the whose founders included the very peo- roach immoral and cowardly and followed, Lincoln placed his faith in the presidential level. I suppose Adlai ple who fashioned our ship of state) we Southern slave-owners who viewed continued on page 8 Stevenson summed it up best when he know that better than most. him as the devil incarnate. Still, Lincoln lost to Dwight Eisenhower and com- America has survived tougher elec- prevailed over a splintered opposition. mented, “I’m too old to cry and it hurts tion battles in more turbulent times. As the returns began to show that he too much to laugh.” In 1860 not all states’ elections occurr- had won Lincoln felt the mighty This was a long, protracted cam- ed on the same day. Pennsylvania and weight of the office on his shoulders. paign. It was tough. It was punishing. Indiana, for example, voted in October. He told journalists the morning after Editor-in-Chief Molly Peckman, Esq.

Associate Editors Sunah Park, Esq. Four Named to Bar Reporter Editorial Board Lawrence S. Felzer, Esq. Heather J. Holloway, Esq. Stacey Z. Jumper, Esq. by Jeff Lyons Asima Panigrahi, Esq.

Four Association members have Contributing Editor Richard Max Bockol, Esq. been approved by the Board of Governors as new members of the Advisory Editors Philadelphia Bar Reporter Editorial Board. Bruce H. Bikin, Esq. Lawrence S. Felzer, Heather J. Merih O. Erhan, Esq. Holloway, Stacey Z. Jumper and Asima Marc W. Reuben, Esq. Panigrahi will serve as associate edi- Felzer Holloway Jumper Panigrahi Director of Publications and New Media tors. They were approved by the Board Mark A. Tarasiewicz of Governors on Sept. 30. to practice in Pennsylvania, New Jersey University in 1991. She is admitted to Managing Editor “Our new Editorial Board members and Maryland, as well as the U.S. Dis- practice in the U.S. District Court for Jeff Lyons are wonderful additions and I look for- trict Courts for the Eastern District of the District of New Jersey. Copy Editor ward to their additional contributions Pennsylvania, the Southern District of Panigrahi is a 1998 graduate of the Kate Maxwell to the paper,” said Molly Peckman, edi- New York and the Eastern District of University of Pennsylvania and 2003 Associate Executive Director tor-in-chief of the Bar Reporter. New York. graduate of Villanova University Law for Communications and Public Policy Felzer is a 1984 graduate of Temple Jumper is a 1998 graduate of Drew School. She currently serves as clerk to Daniel A. Cirucci University and 1994 graduate of the University and received a doctor of Philadelphia Court of Common Pleas Executive Director Temple University Beasley School of jurisprudence, cum laude, from Suffolk Judge Denis P. Cohen. Kenneth Shear Law. He is development cooordinator The Philadelphia Bar Reporter (ISSN 1098-5352) is at the SeniorLAW Center and serves as published monthly and available by subscription for $45 per year by the Philadelphia Bar Association, 1101 chair of GALLOP (Gay and Lesbian Market St., 11th fl., Philadelphia, Pa. 19107-2911. Lawyers of Philadelphia). Tell Us What You Think! Periodicals postage paid at Philadelphia, Pa. POST- The Philadelphia Bar Reporter welcomes letters to the editors for publication. MASTER: Send address changes to Philadelphia Bar Holloway is an associate at Rawle & Reporter, c/o Philadelphia Bar Association, 1101 Letters should be typed. There is no word limit, but editors reserve the right to Henderson LLP. She is a 1993 graduate Market St., 11 fl., Philadelphia, Pa. 19107-2911. condense for clarity, style and space considerations. Letters must be signed to Telephone: (215) 238-6300. Association Web site: of the University of Pennsylvania and a www.philadelphiabar.org. Newspaper e-mail address: verify authorship, but names will be withheld upon request. Letters may be [email protected]. The editorial and other views 1999 graduate of Temple University mailed, faxed or e-mailed to: Jeff Lyons, Managing Editor, Philadelphia Bar Reporter, expressed in the Philadelphia Bar Reporter are not nec- Law School. She is a member of the essarily those of the Association, its officers, or its Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107- members. Advertising rates and information are avail- Association’s Young Lawyers Division able from Media Two, 22 W. Pennsylvania Ave, Suite 2911. Phone: (215) 238-6345. Fax: (215) 238-1267. E-mail: [email protected]. Executive Committee. She is admitted 305, Towson, Md., 21204. Telephone: (410) 828-0120.

Visit the Philadelphia Bar on the Web at www.philadelphiabar.org • Look for Bar Reporter Online e-newsbrief every Monday morning

PHILADELPHIA BAR REPORTER / NOVEMBER 2004 3 Justice Newman Updates Committees on New Rules by Gregg W. Mackuse, Robert T. Szostak Justice Newman the mediation program implemented Supreme Court to minimize any unan- and Kathleen D. Wilkinson then briefly dis- through the Supreme Court rule ticipated consequences as many topics cussed with the changes. Justice Newman encouraged involve technical issues that would be Pennsylvania Supreme Court Justice attendees the practitioners to avail themselves of the particularly appropriate for practition- Sandra Schultz Newman discussed a Supreme Court’s mediation program. Judge Moss ers to review. Judge Lachman also variety of topics, including unification continuing effort briefly noted that practitioners were mentioned the Supreme Court’s invo- of procedural rules, allocatur petitions to, on a statewide using the mediation program. Judge cation of Pa.R.J.A. 103(b) precludes an and changes in medical malpractice basis, unify the Manfredi also noted that, for mediation opportunity for comment. There was rules, at a joint meeting of the State procedural rules. Justice Newman to be successful, early intervention in a extensive discussion by the Bar, judges, Civil and Medical-Legal Committees on The majority of case will be needed by all parties. and Justice Newman, exchanging views Oct. 4. the meeting was spent discussing Justice Newman then addressed of these pressing reform measures. More than 100 people attended the recent changes in Medical Malpractice how members of the Bar can comment Justice Newman suggested that the Bar meeting, which included Pennsylvania Rules promulgated by the Supreme on the medical malpractice rules ulti- Association could submit any input Superior Court Judge Richard B. Klein, Court. Justice Newman discussed the mately adopted by the Supreme Court. after a rule change for consideration by Philadelphia Court of Common Pleas first rule change implemented by the Justice Newman provided a general the Supreme Court. Judges William J. Manfredi, Sandra Supreme Court on venue. Under the overview to the attendees of the man- rule change, a malpractice action must ner by which rules are implemented. Gregg W. Mackuse, Robert T. Szostak and Kathleen D. Mazer Moss, Marlene F. Lachman, Wilkinson are co-chairs of the State Civil Committee. Denis P. Cohen and Mark J. Bernstein. generally be brought in the county In the case of the medical malpractice Chancellor Gabriel L.I. Bevilacqua, where the cause of action arose. As a rules, the proposed changes came from Chancellor-Elect Andrew A. Chirls and result of the rule change, medical mal- an ad hoc committee formed to add- Vice Chancellor Alan M. Feldman were practice case filings in Philadelphia ress the issue rather than by a standing also in attendance. have been reduced significantly. committee. Typically, rule changes are Initially, Justice Newman outlined Judge Manfredi then spoke briefly recommended by standing commit- Join your Section’s for the attendees the procedure of the to advise the attendees that, largely as tees, with opportunity for input. or Committee’s Supreme Court for ruling on allocatur a result of the rule change, 406 pend- Throughout the meeting, the atten- petitions. In general, in order for the ing cases were immediately transferred, dees continually expressed to Justice List Serve to stay Supreme Court to grant allocatur, three more than 100 of which went to Newman a desire by members of the in touch and keep up justices must agree to accept allocatur. Montgomery County. On an annual Bar for a meaningful opportunity to to date on the latest On occasion, notwithstanding a grant basis, the amount of cases filed has comment on any proposed changes by of allocatur, the Supreme Court dis- been reduced by almost half. As a the Supreme Court. Chancellor-Elect Bar events.Visit misses appeals as improvidently grant- result, the amount of the payouts by Chirls and Vice Chancellor Feldman www.philadelphiabar.org ed after receipt of the record from the insurers has been significantly reduced. expressed the desire that the Bar com- for more information. court below. Justice Newman also spoke about ment prior to implementation by the

Commercial Damages and Forensic Advisory Experts

A National Leader in providing expert advisory services, CBIZ experts have worked for counsel representing small and large companies globally.

Philadelphia 215.599.1881 Plymouth Meeting 610.862.2737 We’ll find the answers… Damage Analysis • Forensic Investigations • Expert Testimony

PHILADELPHIA 4 NOVEMBER 2004 / BAR REPORTER Just The Beginning Foundation Convenes in Philadelphia

The nation’s highest ranking Constitution Center, Mother Bethel African-American judges gathered in A.M.E. Church and at Loews Phila- Philadelphia from Sept. 30 to Oct. 3 at delphia Hotel. the Sixth Biennial Conference of the Just The Beginning Foundation is a Just The Beginning Foundation. nonprofit organization founded in More than 80 federal judges and 1992 and dedicated to improving the their guests attended the conference, legal system in America and preserv- which was sponsored by the ing and honoring the legacy of Philadelphia Bar Association. African Americans in the federal judi- Events were held at the National ciary.

U.S. District Court Judge for the Northern District of Illinois Ann Claire Williams and U.S. District Court Chief Judge James T. Giles hold a portrait commemorating the Just The Beginning Foundation’s Sixth Biennial Conference in Philadelphia Sept. 30 to Oct. 3.

Judges Williams and Giles (from left) meet with Bernard W. Smalley and Chancellor Gabriel L.I. Bevilacqua Photos by Bruce Cook at the Conference. Smalley and Bevilacqua were members of the conference planning committee. Judge Immediate-Past Chancellor Audrey C. Talley addresses the Just The Williams is one of the co-founders of the Foundation. Beginning Foundation Conference. Superior Information is Your Premier Public Record Information Source. Superior Information, a ChoicePoint® service, has been providing quality public record information to the legal, insurance, investigative and banking industries for years. We perform fast and efﬁcient searches of multiple public record sources to provide the information you need through our intuitive online interface.

We also offer additional services such as data scrubs, list services, bulk data and corporate legal processing services.

Learn more or access our products at: www.superiorinfo.com.

Civil court records Superior alerts Liens and judgments Certiﬁed child support judgments Real property data USA PATRIOT data Bankruptcy records Criminal records Death records UCC OneSearch Mortgage and deed information Corporation OneSearch

PHILADELPHIA BAR REPORTER / NOVEMBER 2004 5 Rewarding Attorneys Doing the Right Thing by Edward F. Chacker Margaret A. McCausland, a partner at BAR FOUNDATION How to Help Blank Rome LLP. Let me quote from They come in different colors but To contribute to the Philadelphia Bar her nomination petition: mostly white. They have a long history Foundation, contact Executive Director “From her first days as a lawyer, until they finally get to the gym. The Maureen Mingey at (215) 238-6334 or by e- Peggy McCausland has worked tireless- first week is the best. They show, for all mail at [email protected]. ly as an advocate for children. Since the world to see, either where you 1987, her first year out of law school, have been or what you stand for. continues to work with the family. Peggy has been an active volunteer Schools are popular, as are diseases. Without your support this young boy with the Support Center for Child Even Bar Association charity races. The would still be going from relative to Advocates. In those 17 years, she has best have a year listed to show your relative. always had at least one Support Center long-time support. Personally, my When asked about it, Rasheed case, sometimes handling as many as favorite t-shirt has a picture of a mud- But don’t tell me what is right and quickly smiles and says that with the three Support Center cases simultane- encrusted jeep bouncing over a dirt important. I do believe that’s generally SeniorLAW Center lawyers helping, it is ously. Peggy has worked tirelessly to road. It reads: “One thousand miles of the way we should live, but of course all happening as it was meant to be. protect the interests of her pro bono bad road. A box of Cuban cigars. Six there is an exception to every rule. These services are not only provided clients, all of whom are children who quarts of tequila. Die trying.” Each month in this column I tell by public interest lawyers. We have a have suffered abuse or neglect.” I got that shirt in Mexico. It is so you that it’s right and important to generous and supportive private bar in One example of how Peggy literally macho. I wore it on a seaside vacation support legal services, and that if we Philadelphia that put in their billable went the extra mile for her child clients but now it’s permitted only at the gym do not protect our system of justice no hours and then go out and provide involved a boy who had not seen his on orders from the home front. I go to one will. Some things cannot be left to service to those who could never pay two younger siblings for more than a gym called Life Sport on Fairmount the politicians. even a portion of their hourly rates. three years. The boy’s father would Avenue across from the prison of the Let me tell you about a 67-year-old Together, these are the lawyers who promise to take him to visit them, only famous Willie Sutton escape. He’s the man by the name of Rasheed. He allow us to hold our heads high and to disappoint the boy time and time guy who said — in response to the worked full time, looking forward - as proclaim the merit of our system and again. Peggy took it upon herself to question of why he robs banks — many of us do - to retirement and a that we should have equal justice for pick the boy up on a Saturday from his “because that’s where the money is.” pension. Then one day he was faced all. group home. She then drove him sev- The reason I go to this gym is because with raising his grandson, Elijah, On Nov. 13 at the Andrew Hamilton eral hours just so he could meet his it’s on my way to work, so I make it whose parents both died when he was Ball, we will present the second annual two siblings for a few hours. my first appointment of the day. No 2 years old. Rasheed couldn’t bear to Citizens Pro Bono Award to recognize Needless to say, the vote of the com- elevators, parking on the street and watch his grandson passed from rela- outstanding volunteer efforts to help mittee was unanimous. everything I need to keep me toned tive to relative. He quit his job to take provide legal services to those in need I have always been interested in the (which is an overstatement — but at care of Elijah, losing eligibility for his in the greatest tradition of Andrew story behind the story. In 1953, at the least enough to stay healthy and allow pension and any plans for his retire- Hamilton. The individual award for height of the anti-Communist hysteria me to eat). ment. public service is being awarded to in this country, nine local Communist By now you are wondering what Then began the challenges of get- continued on page 9 this has to do with your Bar ting custody of his grandson. Enrolling Foundation. Let me explain. him in school. Applying for health Last week I saw a shirt that would insurance and other benefits needed come under the category of “this is for a young boy. Rasheed turned to g{x gÜâáàxxá Éy à{x who I am and what I think” workout one of your Bar Foundation grantee shirts. It was worn by a young woman organizations, the SeniorLAW Center, c{|ÄtwxÄÑ{|t UtÜ YÉâÇwtà|ÉÇ tÇw who, back in the day, would have been to get legal advice and help to make called a hippie, but is now a punker. them a complete family with a grand- TÇwÜxã [tÅ|ÄàÉÇ UtÄÄ V{t|Üá The point was clear. Live life doing dad who has the legal right to make what you think is right and important. parenting decisions. SeniorLAW Center TÄxåtÇwxÜ Z|tvÉuxàà| 9 g{xÜxát \àtÄ|tÇÉ TÄxåtÇwxÜ 9 `tÜÇ|x ^xÜÜ CITIZENS PRO BONO those whose rights could not otherwise be vindicated and stood up when the continued from page 1 cause of the client was not popular,” ÜxÖâxáà à{x ÑÄxtáâÜx Éy çÉâÜ vÉÅÑtÇç tà à{x and has helped find adoptive homes said Donaldson. for others. Some of her cases have “Whether defending capital cases, involved helping young, vulnerable fighting for prisoner civil rights, advo- TÇwÜxã [tÅ|ÄàÉÇ UtÄÄ clients through the difficult task of tes- cating for disabled children litigating tifying as victim-witnesses in criminal First Amendment issues, vindicating proceedings. In every case, Peggy has constitutional rights or representing worked to ensure that her clients are women recovering from substance VxÄxuÜtà|Çz living in a stable, nurturing environ- abuse, Schnader lawyers continue to ment,” said Fred Blume, managing bring passion, conviction and formida- partner and chief executive officer of ble legal skills to their pro bono work TÇ XäxÇ|Çz |Ç VtÅxÄÉà Blank Rome LLP. and continue to devote themselves to Diana Donaldson, managing partner pro bono service at a pace beyond ftàâÜwtç? à{x à{|ÜàxxÇà{ Éy aÉäxÅuxÜ gãÉ à{ÉâátÇw tÇw yÉâÜ at Schnader, say attorneys at her firm their peers. It is the Schnader tradition,” have a tradition of taking on difficult she said. fxäxÇ ÉËvÄÉv~ |Ç à{x xäxÇ|Çz tà g{x ctÜ~ [çtàà c{|ÄtwxÄÑ{|t cases. The Andrew Hamilton Ball will be “Just as Andrew Hamilton ‘stood up held Saturday, Nov. 13 in the Grand tà à{x UxÄÄxäâx ZÜtÇw UtÄÄÜÉÉÅ? UÜÉtw tÇw jtÄÇâà fàÜxxàá alone against the most formidable gov- Ballroom at the Park Hyatt Philadelphia ernment of his world,’ so have at the Bellevue, Broad and Walnut UÄtv~ g|x Schnader lawyers over the decades streets, at 7 p.m. Tickets for the courageously stood up against the Hamilton Ball can be purchased online power of government, stood up for at www.philadelphiabar.org.

PHILADELPHIA 6 NOVEMBER 2004 / BAR REPORTER Professional Responsibility Committee New Rules of Professional Conduct Debated by Asima Panigrahi ment, but has not yet been adopted. Rule 1.13 deals with A panel of experts recently up-the-ladder reporting of enlightened members of the corporate misconduct, which Professional Responsibility is deemed mandatory under Committee on the legislative certain circumstances. Rule 1.7 intent of updates to the Rules provides for a stricter infor- of Professional Conduct med consent requirement and scheduled to be enacted Jan. includes 35 comments. He 1. noted that the comments are Former Chancellor Abra- now considered part of the ham C. Reich moderated the Photo by Jeff Lyons rules and no longer to be Sept. 29 discussion, which also Professional Responsibility Committee Co-Chair Evelyn Boss Cogan (from left) is joined by panelists U.S. considered as advisory only. featured panelists Lawrence A. District Court Judge Gene E.K. Pratter, Abraham C. Reich, Thomas G. Wilkinson, Lawrence A. Fox and Finally, Rule 1.7 clarifies the Fox, Thomas G. Wilkinson and Committee Co-Chairs Judge Denis P. Cohen and Jeffrey B. McCarron prior to the Committee’s Sept. 29 meeting. definitions relating to conflicts U.S. District Court Judge Gene intended meaning. Therefore, to the beginning and named should eventually be app- of interest and gives addition- E.K. Pratter. More than 100 the result of the updates is Rule 1.0 to emphasize its im- roved with the same effective al guidance on the issue. people attended the session, that the fundamentals of the portance. Next, he noted the date as the rest of the rules. Judge Pratter then turned which offered one free ethics rules have remained the same, rule prohibiting sex with pro- Wilkinson then turned the the discussion to the judge’s CLE credit. but their legislative intent has spective clients that was app- discussion to several other perspective of the rules. Fox was appointed to an become much clearer. roved by a close vote of the additions to the rules, some of She noted that judges also American Bar Association Fox outlined some of the Commission, even though this which have yet to be adopted want to be informed as to commission re-examining the major changes in the rules. He issue could potentially be ad- by the Pennsylvania Bar how the rules apply to the Rules of Professional Conduct said Rule 2.2 regarding the dressed by the conflict-of-int- Association. Rule 1.15 refers to attorneys who appear before in the late 1990s. The Comm- attorney as an intermediary erest provisions. Finally, he client funds in IOLTA acc- the court, and that this was ission received many com- has been eliminated because touched on Rule 1.18 that ounts. The Office of Disciplin- the main topic at the latest plaints that very few attor- it was leading attorneys to refers to the duty of confiden- ary Counsel wanted to make District Court judges’ retreat. neys truly understood the erroneously believe that they tiality owed to prospective cli- the recording requirements One of the most important rules, and therefore, the could represent two conflict- ents, and noted that this rule stricter for IOLTA accounts rules from their perspective is Commission’s main goal was ing interests. He also said the has not yet been adopted by and their version of that rule Rule 3.3 regarding candor to to educate the Bar as to their definition section was moved the state Supreme Court but has been published for com- continued on page 16

PHILADELPHIA BAR REPORTER / NOVEMBER 2004 7 Bar Bike-a-Thon Team Honored Pro Bono Involvement by Jeffrey Abramowitz sented a matching gift to the ACS at the awards dinner from Sidney The Association’s Bike-a-Thon team Kimmel, in the amount of $27,093.75. Necessary, Worthwhile was honored by the American Cancer The Bar team was comprised of Society at the Society’s Oct. 20 Awards more than 160 cyclists, who made the by Kim R. Jessum Celebration Dinner at the Hyatt Reg- 62.5-mile trek from Philadelphia to ency Philadelphia at Penn’s Landing. Mays Landing, N.J. I cannot stress how important it is for young lawyers to volunteer their YLD UPDATE The Bar team was recognized for The Bar team included attorneys, placing third out of 128 teams for family, judges, cancer survivors and time in representing those in need. It is fund-raising. The Bar team raised more friends. The Bar team dedicated the so easy to get involved in pro bono. than $86,000 and received an award for ride to colleagues, family and friends The clients you represent are extremely Best Rookie Team. who have battled and continue to bat- grateful, whether you take a simple The law firm of WolfBlock was also tle the disease. case that requires a few hours or a recognized for raising the most money more complicated case that spans over Jeffrey Abramowitz is co-chair of the Bike-a-Thon the course of a year. No matter how for any law firm. WolfBlock also pre- Committee, along with Stephen T. Saltz. much time you have to give, there is a pro bono case for you. FRONTLINE am now, in your eyes, invested with an There are several organizations in influence which will soon pass away; Philadelphia that work with volunteer formed by the persistence of a devoted continued from page 1 but should my administration prove to attorneys and can assist you in getting volunteer attorney, Joan Smith. At age 2 Constitution and the rule of law. He be a very wicked one, or what is more a pro bono case. Attorneys who volun- 1/2, Ben had lived in an institution all gained strength from the words and probable, a very foolish one, if you, the teer with the Support Center for Child of his life and most people believed he the conviction and the fidelity that people, are true to yourselves and the Advocates can make a difference in the would never live with a family because guided our nation’s founders. So many Constitution, there is but little harm I lives of abused or neglected children in of his difficult medical problems. Ben presidents have turned to Lincoln for can do, thank God.” Philadelphia. Attorneys who take a case was in the legal custody of the Depart- inspiration. One hopes that whoever Yes, politics is a grand show. And for Philadelphia Volunteers for the ment of Human Services (DHS) because holds the office of the presidency will beyond the show, elections do have Indigent Program can make a differ- his parents were unable to care for remember Lincoln’s common decency consequences. But our “one nation ence in the lives of aliens/immigrants, him. He had a tracheotomy tube for and steadfast humility. Traveling to his under law” still vests all power with the children, and elderly, to name a few. breathing and needed to receive all of inauguration the man who would people. May it always be so. The easiest way to communicate his nutrition by tube feeding. He was become known as “the great emancipa- what role you would play is to describe not able to walk or talk. His situation tor” stopped in Lawrenceburg, Ind., and what other volunteers have done. Child was further complicated by the fact Gabriel L.I. Bevilacqua, a partner at Saul Ewing LLP, is Advocates was appointed to represent that his mother had disabling mental said this: “I have been selected to fill an Chancellor of the Philadelphia Bar Association. His e- important office for a brief period, and mail address is [email protected]. Ben, a child whose life has been trans- continued on page 14

PHILADELPHIA 8 NOVEMBER 2004 / BAR REPORTER Philadelphia Bar Association Annual Meeting Luncheon Tuesday, December 7 at Noon at the Park Hyatt Philadelphia at the Bellevue, Broad and Walnut Streets

• Featuring Chancellor-Elect Andrew A. Chirls’ address to Bar membership

Please make reservations for the Philadelphia Bar Association’s Annual Meeting Return to: Luncheon. Tickets are $50 for members and $55 for non-members. Checks should be made Annual Meeting payable to the Philadelphia Bar Association. Philadelphia Bar Association 1101 Market St., 11th fl. Name: Philadelphia, Pa. 19107-2911 Credit Cardholder: Firm/Employer: Visa MasterCard American Express Address: Card number:

Expiration date: Phone: Fax: Signature: E-Mail: Credit card payments should be faxed to Bar Headquarters at (215) 238-1267. Sections to Hold Year-End Events, Present Honors by Jeff Lyons ion will hold its annual meeting and Philadelphia Hotel, 1200 Market St. reception on Tuesday, Nov. 30 begin- Web Tickets are $35 for Section members. Paul R. Levy, executive director of ning at 2 p.m. at the Kimmel Center, The Public Interest Section’s the Center City District and Central 260 S. Broad St. A CLE session will pre- check annual dinner and awards ceremony Philadelphia Development Corp., will cede the annual meeting and reception. will be held Monday, Dec. 6 at 5:30 For more information√ on year-end be the featured speaker at the Real The Family Law Section will p.m. at Loews Philadelphia Hotel, 1200 Property Section’s Annual Meet- hold its annual dinner on Tuesday, events or to purchase tickets, visit Market St. The Section will present its ing on Wednesday, Nov. 17 at Loews Nov. 30 at 5:30 p.m. at Maggiano’s Little www.philadelphiabar.org. annual Andrew Hamilton Award. Philadelphia Hotel, 1200 Market St. Italy, 12th and Filbert streets. The Tax Section’s annual meet- The Section will present its annual The Workers’ Compensation Tickets are $40 for Section members. ing and dinner will be held Wednes- Good Deed Award to Mark S. Schwartz, Section Annual Reception will be The Criminal Justice Section day, Dec. 8 beginning at 3 p.m. at the executive director of Regional Housing held Tuesday, Nov. 30 at 6 p.m. at the will present its annual Justice Four Seasons Hotel at One Logan Legal Services. Tickets for the event are Pyramid Club, 1735 Market St., 51st Thurgood Marshall Award to Bernard Square. David Thornburgh, executive $30 for Section members. floor. The Section will present the L. Siegel at its Annual Reception on director of the Pennsylvania Economy The Probate and Trust Sect- annual Martha Hampton Award. Wednesday, Dec. 1 at 5 p.m. at Loews League, will be the guest speaker.

BAR FOUNDATION the 17-page, single-spaced Besides representing a pro nomination, replete with pro bono client, here are the choic- continued from page 6 All Bar Members Invited bono service to the poor and es: leaders who had been arrested those with unpopular causes, • Become a member of to Thanksgiving Breakfast by the FBI for conspiracy to vio- what was missing was the hun- Advocates for Justice at $25,000 late the Smith Act could not dreds of hours Schnader partner over three years. Nov. 23 at Union League find lawyers. Bernard G. Segal, Nancy Winkelman put in repre- • Become a Hamilton Circle All members of the Association are invited to then-Chancellor of the Associa- senting our association in brief- member at $1,000 a year for ten attend a free Thanksgiving Breakfast on Tuesday, Nov. tion, determined that they ing and arguing against the years. 23, at 8 a.m. at the Union League of Philadelphia, 140 should be represented. He New Jersey bona fide office rule • Become a Young Lawyers S. Broad St. helped persuade Phil-adelphia’s that adversely effected so many Hamilton Circle member at $100 The theme of this year’s Breakfast will be “The Mo- largest law firms to stand to- of our fellow lawyers. Of course a year for three years. tivations and Satisfactions of a Legal Career,” and will gether and contribute lawyers the service was pro bono, but • Become a member of the be what planners describe as a highly personal pro- for a defense team, prevailed on that’s not even included in the Philadelphia Bar Foundation for gram. the Bar Association to support 17 pages. $100. The event, chaired by Sharon Browning, executive the lawyers against any retribu- Schnader has for decades • Provide any gift on behalf of director of the Philadelphia Volunteers for the Indig- tion and obtained from the trial had a formal policy under the thousands of people of ent Program, will focus on the professional challenge judge a commendation for their which any lawyer in the firm Philadelphia for whom we of the law, and will include a one-hour CLE ethics service. It was so typical of the receives full credit for matters make a difference in their credit for participants. stories one would hear about devoted to pro bono toward his everyday lives. Speakers will include Chancellor Gabriel L.I. Bevil- Mr. Segal: a man of intelligence or her work expectations up to I wish you a Happy acqua; Catherine C. Carr, executive director of Comm- with a great sense of public ser- 10 percent of actual hours billed Thanksgiving. Remember, the unity Legal Services, Inc.; Frank P. Cervone, executive vice so typical of the law firm each year. Pro bono service is road to justice (to paraphrase director of the Support Center for Child Advocates; that bears his name. Public ser- regarded as a favorable factor in that workout shirt) can look like former Association Chancellor Joseph H. Foster of vice and quality legal represen- partnership evaluations. The “1,000 miles of bad road” in White and Williams LLP; and Charisse R. Lillie of tation is and has been the cor- firm’s dedication to public ser- front of you. Together, we can Ballard Spahr Andrews & Ingersoll, LLP. nerstone of the 2004 Citizens vice and the rule of law make it and will make life’s journey eas- Though the event is free, attendance is limited and Pro Bono Award large-firm win- the unanimous choice of the ier for those who need our help. RSVP is required. Members who wish to attend ner, Schnader Harrison Segal & Awards Committee. should make reservations as soon as possible by e- Lewis. But what will you do to Edward F. Chacker, a partner at Gay, Chacker & Mittin, P.C., is president of the Philadelphia mailing Dawn Burger at [email protected]. As the committee reviewed help? Bar Foundation.

PHILADELPHIA BAR REPORTER / NOVEMBER 2004 9 October Quarterly Meeting and Luncheon Judges Rendell, Melinson Receive Honors

by Jeff Lyons

Women can help right the balance between work and home and remind us of the impor- tance of children in our lives and our society, University of Pennsylvania President Dr. Amy Gutmann told Association members at the Oct. 21 Quarterly Meeting and Luncheon. The event also featured the presentation of two of the Association’s most prestigious awards – the Sandra Day O’Connor Award to Judge Marjorie O. Rendell of the U.S. Court of Appeals for the Third Circuit and the Justice William J. Brennan Jr. Distinguished Jurist Award to retired U.S. Chief Magistrate Judge James R. Melinson. “Our culture is still to work 24/7. In the case of the legal profession, to run up ever more billable hours. We have come to terms with the fact of having a family, but not with the need to spend much time with the family. The well-documented 24/7 trend may help explain the rela- tively small percentage of women in the partner ranks. It may also point to a larger malaise of Author Lisa Scottoline autographs a copy of her latest book, Killer Smile, for University of Pennsylvania President Dr. Amy modern society that pervades all the professions, Judge James R. Melinson before the Oct. 21 Quarterly Meeting. Gutmann addresses the meeting. including my own,” Gutmann said. “In our rush to do more, be more and earn more at our jobs, people all too often sacrifice a sense of themselves and their connection to others, including their own families. Women in the workplace bring this problem into focus.” “But women in the workplace may also point the way to a solution. If great women lawyers do this, then (dare I say) they will teach virtue better than any of their male predecessors! By viewing women in the professions as a source of new perspectives to be explored – rather than as a source of needs to be met – men and women alike may find a way back to wholeness,” she said. “Who better than women to help right the balance between work and home? Who better Gov. Edward G. Rendell, whose wife received the Association’s Sandra Day O’Connor Award, receives a warm welcome. than women to help remind us of the impor- tance of children in our lives and in our society? Who better than women to urge us not to forget that we are whole human beings, not intelligent robots racing from one task to another? “In the end, professionals who have a life will be better at what they do than those who don’t. And women can lead the way,” Gutmann said. Gov. Edward G. Rendell, husband of the O’Connor Award recipient, received a warm U.S. Court of Appeals reception and jokingly asked if he could receive for the Third Circuit CLE credit for attending the luncheon. Judge Marjorie O. He spoke glowingly about his wife and her Rendell, recipient of many responsibilities. the 2004 Sandra Day “I see the things she has to wrestle with. I see O’Connor Award, the choices she’s made and the wonderful way chats with Chancellor- she’s raised our son, Jesse. I see the way she bal- Elect Andrew A. Chirls ances her commitments as first lady, first of at the Oct. 21 event. Philadelphia and now of the Commonwealth of Pennsylvania, with her family duties and her duties as a federal appeals court judge. I can’t imagine anyone who does it better. She has a deep caring and a passion for curing the things that need curing and advancing the things that need advancing,” the governor said. “I am so awed by my wife’s great judgment and all of her talents. You couldn’t have picked anyone better for this award,” he said. Photos by Jeff Lyons

PHILADELPHIA 10 NOVEMBER 2004 / BAR REPORTER QUARTERLY men to succeed. I think women ins- tinctively know they must do this. In continued from page 10 fact, Madeline Albright quoted one of “It is not only wonderful to be asso- her Wellesley classmates as having said ciated in this special way with Justice that there is a special place reserved in Sandra Day O’Connor,” Judge Rendell hell for women who don’t help other said, “but also to be associated with the women,” Judge Rendell said. remarkable women who have previ- “Every woman here today could tell ously been its recipients, three of a story of how she managed to suc- whom I consider my sisters/judicial ceed, of the helpers along the way, colleagues on the federal bench: Judge both men and women, . . . influences Dolores Sloviter, Judge Norma Shapiro, from the outside as well as inner and Judge Anita Brody.” strength and determination. When The award, presented by the Assoc- people ask me how I have been able to iation’s Women in the Profession Com- do all that I have done, with career, mittee, is conferred annually on a wo- family, and community involvement, I man attorney who has demonstrated have one answer: “I had a LOT of superior legal talent, achieved signifi- help!” she said. Women in the Profession Committee Co-Chairs Sayde J. Ladov (left) and Nicole D. Galli cant legal accomplishments and has “I had help from other women, of (right) meet with Philadelphia Court of Common Pleas President Judge Frederica A. furthered the advancement of women course, but also – very significantly – a Massiah-Jackson at a reception prior to the Quarterly Meeting. in both the profession and the com- lot of help and support from my hus- munity. band. And I want to place special em- Judge Rendell said she often speaks phasis on the role that men can and do to women’s groups about balance and play in the success of women. The re- coping. “I have given one piece of spect, empowerment and validation of advice to young women that I have our male colleagues and partners is been told has resonated and made a very important to us,” Judge Rendell difference for many of them. And that said. is: Surround yourself with people who Judge Melinson said he was moved will you to succeed, who make your to be the recipient of the Brennan Aw- success their success,” she said. ard, which recognizes a jurist who ad- “Luckily, I found that support at Du- heres to the highest ideals of judicial ane Morris, even back in the early ‘70s, service. when the partner with whom I work- “This award comes from you law- ed, Dave Sykes, mentored me. He made yers; that’s what makes it so special. I my success his success,” she recalled. want to thank you lawyers, not only

“The thought I want to impart to all for this award, but also for providing Photos by Jeff Lyons of you here today is that, as we live me with a ringside seat to the greatest Judge Marjorie O. Rendell (right) meets with Jane L. Dalton and U.S. District Court Judge and breathe, we are all – men and show on earth,” he said. Michael M. Baylson at the Oct. 21 event. women alike – responsible for creating Judge Melinson recently retired as trict Court of the Eastern District of as chief of arbitration and mediation that supportive environment for wo- Chief Magistrate Judge for the U.S. Dis- Pennsylvania. He now works for JAMS services. Athletes Doing Time After Games Are Over by Bruce H. Bikin playoffs were more important than the At least the NFL, unlike MLB, has criminal justice system. This was a suspended Lewis for his guilty plea. For I always thought being sent to jail COMMENTARY message foisted on us by the Georgia two games. This is the punishment for was supposed to be a punishment. It court and prosecutor, Major League facilitating an illegal drug sale. What was a confinement, a segregation of the Baseball and the Atlanta Braves. Since do you get from the NFL for a murder? wrongdoer from society. It was an opp- more than 17,000 Americans died last Ray Lewis (no relation to Jamal except ortunity to consider one’s transgres- year alone in alcohol-related traffic ac- by team and tendency toward crime) sions. Eastern State Penitentiary was cidents, this seems inappropriate, at was named All-Pro after pleading designed and built under the premise best. In a recent survey of Colorado guilty to misdemeanor obstruction of that those confined needed to re-edu- high school seniors, nearly a quarter justice charges in the stabbing deaths cate themselves for re-entry into soci- said they had driven while drunk. of two men outside an Atlanta night- ety by spending their time at Eastern Some message of deterrence to teens. club. Lewis was originally charged with reading the Bible in isolation. Am I missing something, or is the two counts of murder, felony murder The confinement began once you message the courts (nevermind MLB and assault in connection with the were convicted, or plead guilty. It was- carceration of the guilty for the conve- and the Braves) are sending is that fight that led to the stabbing. (Lewis’ n’t about convenience. It was about nience of the guilty. Sound strange? sports and entertainment is more co-defendants stood trial and were punishment. Two recent examples come to mind. important than following the law? found “not guilty” by a jury.) That seems to have changed, at least Rafael Furcal, who plays shortstop Do you think baseball is alone in Is it any wonder people no longer for certain athletic members of our so- for the Atlanta Braves, is the perfect ex- this? Think again. Jamal Lewis, a run- respect the courts or the criminal jus- ciety. Now, it seems as if the conven- ample. He was convicted of drunk dri- ning back for the Baltimore Ravens, re- tice system? How can justice even pre- ience of the perpetrator is a major fac- ving while on probation from a previ- cently pled guilty to facilitating a drug tend to be even-handed when it treats tor in determining when punishment ous conviction. He was handed a 21- deal for a friend. He’ll spend four people so differently based solely on commences. day tour of a Georgia correctional facil- months in a federal prison. But those their athletic ability? Why should ath- I am not talking about whether the ity. The sentence was designed not to four months conveniently won’t begin letes take the law seriously? Why convict has a viable appeal in the take effect, however, until after Atlanta to run until after the football season is should anyone else? works. I am not talking about putting was eliminated from the Major League over for the Ravens. Even the prosecu- tors didn’t want to interrupt the Rav- Bruce H. Bikin, a partner at Montgomery, McCracken, off incarceration until the full judicial Baseball playoffs. Walker & Rhoads, LLP, is an advisory editor of the process has been completed. I am talk- Thus, the clear message to all, men, ens’ pursuit of the Super Bowl by dep- Philadelphia Bar Reporter. ing about the courts planning the in- women and children alike, was that the riving them of their star running back.

PHILADELPHIA BAR REPORTER / NOVEMBER 2004 11 More Than 100 Judges to Participate in Bench-Bar Nov. 5-6 by Jeff Lyons

Thirty-five state and municipal judges will be panelists during the Association’s Bench-Bar Conference at the Borgata Hotel Casino & Spa in Atlantic City on Nov. 5 and 6. More than 100 judges are registered for the event. Eight CLE courses are available on Walk-in registration will be accepted Friday and 10 more are available on at the Bench-Bar Conference. Please Saturday. Each of these one-credit sem- be advised that Friday’s luncheon fea- inars cover a wide range of topics and turing a State of the Court panel dis- legal specialties. Please note that all cussion begins promptly at noon. program details are subject to change. There will also be a Grand Recep- Orphan’s Court) and Municipal Court tion on Friday evening beginning at Judges Robert Blasi (supervising judge, 6:45 p.m., providing attendees with an Civil Division) and James DeLeon opportunity to socialize with col- (supervising judge, Criminal Division). leagues and members of the bench. Philadelphia Court of Common The conference opens with a lun- Pleas Judges Myrna P. Field and Mar- cheon beginning at noon on Friday, garet T. Murphy McKeown will be Nov. 5. Pennsylvania Supreme Court joined by Mark A. Momjian and James Chief Justice Ralph J. Cappy, Philadel- A. Rocco III as panelists for the course phia Court of Common Pleas President “Issues in 21st Century Family Judge Frederica A. Massiah-Jackson Law: Second Parent Adoption, and Philadelphia Municipal Court Third Party Custody and Sup- President Judge Louis J. Presenza will port Rights, Gay Marriage and moderate a panel discussion on the Domestic Partnerships and state of the court. Panelists include Common Law Marriage.” The Philadelphia Court of Common Pleas course planners are Margaret Klaw, Judges Kevin Dougherty (supervising Elaine Smith and Carolyn Zack. judge, Family Court Juvenile Division), One ethics credit is available for The Borgata Hotel Casino & Spa in Atlantic City will host the Bench-Bar Conference. Myrna P. Field (administrative judge, “Mass Tort Litigation and the Family Court), James J. Fitzgerald III Ethics of the Problem Client,” Pennsylvania Superior Court Judge Judges Martin B. Burman and Pamela (administrative judge, Trial Division), with panelists Pennsylvania Superior Correale F. Stevens and Common- Santoro are the course planners and Idee C. Fox (supervising judge, Family Court Judge Richard B. Klein, Philadel- wealth Court of Pennsylvania Judge panelists for “Handling the Pers- Court Domestic Relations Division), D. phia Court of Common Pleas Judge Renee Cohn Jubelirer will be on the onal Injury Case Involving Webster Keogh (supervising judge, Mark I. Bernstein, Judge Manfredi and panel for “Appellate Advocacy & Workers’ Compensation Imp- Criminal Division) William P. Manfredi former Chancellor Robert C. Heim. The Procedures.” Charles L. Becker is the lications.” Other speakers include (supervising judge, Civil Division), Jos- planner for this course is Stephen A. course planner. Joseph DeRita, Andrew Touchstone, eph D. O’Keefe (administrative judge, Sheller. Bureau of Workers’ Compensation continued on page 13

2004 Bench-Bar Conference Schedule of Events Saturday, Nov. 6 8 - 9:15 a.m...... Breakfast Friday, Nov. 5 9:30 - 10:30 a.m...... Track One Seminars • Are Private Whistleblowers Effective Enforcers of the Federal Health Care Fraud and 12 - 2 p.m...... Opening Luncheon Abuse Laws? 2 - 2:30 p.m...... Break • Recent Developments in Death Penalty Jurisprudence 2:30 - 3:30 p.m...... Track One Seminars • Unique Perspectives From the Bench: The Judiciary and the Election Code • Issues in 21st Century Family Law: Second Parent Adoption, Third Party Custody and • Has the Last Bell Rung for Pollution Coverage in Pennsylvania? A Case Study of Support Rights, Gay Marriage and Domestic Partnerships and Common Law Marriage Wagner (Blue Bell Gulf) v. Erie Insurance Co. • Mass Tort Litigation and the Ethics of the Problem Client (Ethics Credit) • Appeals from Arbitration and Rule 1311: The Shifting Landscape • Appellate Advocacy and Procedures 10:30 - 11 a.m...... Break • Handling the Personal Injury Case Involving Workers’ Compensation Implications 11 a.m. - 12 p.m...... Track Two Seminars 3:30 - 3:45 p.m...... Break • Developments in the Award of Attorneys’ Fees in Pennsylvania Courts 3:45 - 4:45 p.m...... Track Two Seminars • Work/Life Balance for Lawyers: Four Instruments for Change • The New Rules of Professional Conduct (Ethics Credit) • Using Trial Technology in a Jury Trial: Learn the Art of PowerPoint, DVD and Much, • A Fresh Perspective on UM/UIM: Set-offs, Multiple Tortfeasors and the New Fair Much More! Share Act • Immigration Law for the Employment and Labor Lawyer in the Post-9/11 World • Commerce Court Program Update • Judging the Judges: How the Judicial Disciplinary Process Works in Pennsylvania • Legal Obligations, Reasonable Accommodations and Available Court Resources for (Ethics Credit) Clients Who are Deaf or Hard of Hearing 12 - 12:15 p.m...... Break 6:45 - 8 p.m...... Grand Reception 12:15 - 2 p.m...... Closing Luncheon

PHILADELPHIA 12 NOVEMBER 2004 / BAR REPORTER BENCH-BAR Kovler is the course planner and a be the panelists on the program yer in the Post-9/11 World” will panelist for “Appeals from Arbi- “Work/Life Balance for feature panelists Lawrence H. Rudnick continued from page 12 tration and Rule 1311: The Lawyers: Four In-struments and Ann A. Ruben, who are also course Robert Mongeluzzi and Darren Craine. Shifting Landscape.” Other pan- for Change.” Henry is also the planners. Former Chancellor Abraham C. elists include Mary McGovern, the ad- course planner. Joseph A. Massa Jr., chief counsel of Reich is the course planner for “The ministrator for the Court of Common Assistant District Attorney Scott P. the Judicial Conduct Board, is the New Rules of Professional Pleas, Arthur S. Novello, Brian A. Wall Sigman is the course planner for “Us- course planner for “Judging the Conduct,” which is worth one ethics and Court of Common Pleas Judge Ber- ing Trial Technology in a Jury Judges: How the Judicial credit. Pennsylvania Supreme Court nard J. Goodheart. Trial: Learn the Art of Power- Disciplinary Process Works in Justice Russell M. Nigro is among the “Developments in the Award Point, DVD and Much, Much Pennsylvania.” Lynn A. Marks and panelists along with Thomas J. Elliott, of Attorneys Fees in Pennsyl- More!” Panelists for this program in- John W. Morris are panelists for the Roberta D. Pichini and Thomas G. vania Courts” will feature panelists clude Pennsylvania Supreme Court ethics program. Wilkinson. Bernard W. Smalley, Court of Common Justice J. Michael Eakin, Philadelphia The Bench-Bar Conference wraps up “A Fresh Perspective on Pleas Judge John W. Herron and course Common Pleas Court Judge Peter F. with a luncheon on Saturday, featuring UM/UIM: Set-offs, Multiple planner Timothy T. Myers. Rogers, Daniel J. Mann, Stephen N. remarks from Philadelphia District Tortfeasors and the New Fair Deborah Epstein Henry, Court of Najarian and Daniel S. Weinstock. Attorney Lynne Abraham and Share Act” will feature panelists John Common Pleas Judge Annette M. Rizzo, “Immigration Law for the Pennsylvania Supreme Court Justice A. Livingood Jr. and Jeffrey L. Dashev- Joan C. Williams and Janet B. Hunt will Employment and Labor Law- Sandra Schultz Newman. sky, who are also the course planners. Marc S. Kardos joins the panel. Philadelphia Court of Common Pleas Judges Gene D. Cohen, C. Darnell 2004 Bench-Bar Conference Jones and Albert W. Sheppard will be on the panel along with Mitchell L. Registration Form Bach, Edward G. Biester, Darryl J. May and Marc J. Sonnenfeld for “Comm- Nov. 5 & 6, 2004 ~ Atlantic City, NJ erce Court Program Update.” (Please Note: Judges have received separate conference materials) The course is being planned by Eric C. Milby and Lee Applebaum. Each attendee must fill out a registration form in its entirety (non-attorney guests may be included on the form). Make Court of Common Pleas Judge Lisa checks payable to Philadelphia Bar Association and mail to: 2004 Bench-Bar Conference, Philadelphia Bar Association, M. Rau, Jeffrey Campolongo (course 1101 Market St., 11th Fl., Philadelphia, PA 19107, or pay with your credit card below and fax to (215) 238-1159. This planner) and Mark J. Murphy will sit form is also available at www.philadelphiabar.org. NOTE: Hotel reservations must be made separately by calling 866- on a panel discussing “Legal Oblig- MYBORGATA (866-692-6742). ations, Reasonable Accomm- odations and Available Court Resources for Clients Who are Deaf or Hard of Hearing.” Assn. Member Robin Locke Nagele is the course Registration Type (all prices are per person) Assn. Public Interest, Gov. Non-Member Amount planner and a member of the panel for Member Attorneys & YLD Attorney Owed “Are Private Whisteblowers Full Conference: Friday Opening Luncheon, Effective Enforcers of the Fed- Friday Night Grand Reception, Saturday Breakfast, Saturday Closing $445 $395 $495 eral Health Care Fraud and Luncheon, Course Materials, Up to 6.5 CLE Credits Abuse Laws?” Other panelists for One Day Attendee—Friday: Friday Opening Luncheon, Friday Night this course, which is part of the first Grand Reception, Course Materials, CLE Credits for Friday only $245 $195 $295 track being offered on Saturday, Nov. 6, include James M. Becker, Assistant U.S. One Day Attendee—Saturday: Saturday Breakfast, Saturday Closing $245 $195 $295 Attorney Virginia Gibson and David M. Luncheon, Course Materials, CLE Credits for Saturday only Laigaie. “Recent Developments in Grand Reception—Friday Evening Only $100 $75 $125 Death Penalty Jurisprudence” will feature panelists Court of Common Pleas Judge C. Darnell Jones II, Jules Epstein (course planner) and Ed McCann. Non-Attorney Guest Registration - $125 Per Guest Sub-Total: ______Five Court of Common Pleas judges Price includes food and social functions only. Guest Total: ______Please register me for _____ guest(s) at $125 per guest. Total Amount Due: ______will be panelists for “Unique Pers- pectives From the Bench: The Attendee Name: ______Judiciary and the Election Nickname on Badge (if different from above): ______Code.” They include Judges I. Nitza Quinones-Alejandro, Earlene Green Company/Organization ______Clark, Elizabeth Jackson, Lillian Harris Guest Name(s): ______Ransom and George W. Overton. The Address: ______course planner and moderator for the City: ______State: ______Zip: ______program is Willie Lee Nattiel Jr. Geoff- rey Seay will also serve as a moderator Phone: ______Fax: ______E-mail: ______for this program. Special/Dietary Needs: ______The program “Has the Last Bell Emergency Contact Name: ______Phone: ______Rung for Pollution Coverage in Card Type: ______American Express ______MasterCard ______Visa Pennsylvania? - A Case Study of Wagner (Blue Bell Gulf) v. Er- Card Number: ______Exp. Date: ______ie Insurance Co.” will feature pan- Cardholder’s Name: ______elists Richard F. McMenamin, Elit R. Fe- Cardholder’s Signature: ______Date: ______lix II, Joseph M. Manko and Thomas B. Rutter. Felix is also the course planner. Board of Governors Chair Ronald A.

PHILADELPHIA BAR REPORTER / NOVEMBER 2004 13 YLD UPDATE no foster homes able to care for happened for Ben. The relative Ben. family that was providing res- continued from page 8 Smith was committed to pite care instantly bonded with health problems. finding a home for Ben. She ob- Ben and contacted the agency After a great deal of advoca- tained a list of foster care pro- to begin the process of adopt- cy with the institutional staff viders in the state who might ing Ben. and DHS, Ben’s aunt was train- be able to provide for a child In another matter, Troy Sis- ed to care for him and Ben with severe medical needs. After um represented a mother of six went to live with family for the much persistence, Smith found children on public assistance. first time. Smith successfully one agency that offered an app- She was living in her mother’s appealed the Department of ropriate home. Unfortunately, house since 1986 and her moth- Public Welfare’s denials of nurs- DHS would not approve the er died in 1999. Unfortunately, ing services for Ben. For a few move to a foster home super- her mother died leaving signifi- years, his aunt was able to pro- vised by that particular agency. cant debt against the property vide consistent care and Ben Smith continued her advocacy (various liens for gas and un- thrived. Ben’s aunt was receiv- and Ben was finally moved into paid property taxes) and sub- ing welfare, however, and with foster care. stantial water debt. It was her the push to remove recipients The case did not end there mother’s dream to live in the from the welfare rolls, Ben’s because it soon became appar- house, so the client wanted to Laura A. Feldman (left) of the Board of Governors and her son Jake and aunt accepted training and be- ent through home visits made “make her mother proud” and his friend Chelsea enjoy the festivies at the Young Lawyers Division’s 3rd gan working outside the home by the volunteer attorney that remain in the house, despite the Annual Zooboolee at the Philadelphia Zoo on Oct. 24. as a nurse’s aide. Consequently, Ben seemed to receive little att- current condition and enor- Ben’s care became the responsi- ention from his foster parents. mous outstanding bills. Troy filed a QT action ag- In late August, the court bility of his pre-teenage cous- In spite of great efforts made by Needless to say – everything ainst all other potential takers granted motions to quiet title in ins. Nevertheless, Ben’s case was Smith to maintain in-home that could possibly happen in under the estate. He had to all parties, thus clearing the considered a success by DHS nursing care and to support the this case happened. When serve one defendant via alter- way for VIP to draft a new deed and the court discharged super- foster family, it became obvious Sisum was referred the case, a native service (posting on the for the client and finalize pay- vision of the case. that this foster home was inad- sheriff’s sale was imminent. Ad- premises) and serve one defen- ment arrangements with the Child Advocates kept the equate. ditionally, the client received dant in prison. Additionally, various creditors. case open to ensure continuity Through Smith’s efforts, Ben notices threatening to shut off during the summer, DHS took To learn more about these of services. Smith soon realized was moved to a second foster her water/gas due to the enor- his client’s children due to the organizations, visit VIP at that despite her best intentions, home, one that did not request mous balance. Sisum was able condition of the house. DHS in- www.phillyvip.org or Child Ben’s aunt had family and work in-home nursing services. His to persuade the court to contin- formed his client that she could Advocates at www.advokid.org. pressures that compromised the new foster family had relatives ue the sheriff’s sale for 120 days have her children back after she quality of care that Ben was re- who helped out with Ben’s care. and persuaded the city to re- obtained a deed, thereby re- Kim R. Jessum, chair of the Young Lawyers Division, is patent counsel for Rohm and Haas ceiving. He was not safe in the Unlike many children in the frain from shutting off his cli- ceiving grants to make the nec- Company. Her e-mail address is home, and DHS said they had foster care system, a miracle ent’s utilities. essary repairs to her property. [email protected].

PHILADELPHIA 14 NOVEMBER 2004 / BAR REPORTER Maria’s: A Legend Grows in Roxborough FEASTS TO FAMINE Maria’s Ristorante on Summit One enters into a low-slung build- Everyone’s repast begins with cut 8100 Ridge Ave. ing that could be anything from a rolls delivered gratis with an accompa- (215) 508-5600 hacienda to a beauty spa. But once nying flat plate filled with extra virgin inside the front door, Italian pottery olive oil into which hot cherry-pepper by Skinny D. Bockol and artists’ depictions of urns over- bits have been submerged. Soak a flowing with grapes are more than cir- piece of a roll thoroughly in the spicy There are some restaurants that cumstantial evidence that you’ve concoction and gush its soggy contents seem like froward children: disobedi- entered the parlour of a Calabrian onto your tongue. Your eyes light up, ently loud and sordidly bereft of style palazzo. There’s also Christina, the your sinus’ passages expand, and your or warmth of manner. Maria’s restaurant’s hostess, to greet you. She’s gulp is heavy and heated. Fabulous Ristorante is, to the contrary, cozy, a stunningly beautiful young woman surprising beginning. A cold glass of make it spiedino romano (which may courteous and calm, emulating the whose smile makes the Mona Lisa’s a Pinot Grigio from the bar acts as a wel- be off the menu). Square pieces of demeanor of its diminutive propri- mere smirk. come fire extinguisher. bread, French toasted in sweet egg bat- etress, Maria Dalicandro herself. Sergio is the head waiter and one of A caprese salad ($7.95) of mixed ter, are loaded with melted cheese and This neighborhood eatery is not “his tables” is to be coveted. Sergio’s baby spring greens arrives with toma- warmed by prosciutto slivers. It’s as if even 18 months old, yet its reputation father is from Portugal, but his family toes intermixed with fresh mozzarella, breakfast were being served in bed. in Roxborough has become legendary lives in Paris. Therefore, his accent and sliced prosciutto and a hint of basil. But it’s Maria’s classic comfort foods due to, for instance, Maria’s eggplant intonation are that of Charles Boyer Simple and crisp and top-notch. (All that are her trademark. Her eggplant involitini, and her three-meat lasagna, sailing through the Strait of Magellan. entrées come with a similar salad but involitini, supra, is huge. She lightly each now blandished to be the best in He attends to you with joviality and without the cheese and meat.) breads half a dozen tenderest eggplant the city. dispatch, making your meal an event. If you order no other appetizer, continued on page 19

Civil Rights Committee Group Seeks Investigation Into Treatment of Detainees by Sherrie J. Cohen the detainees and that none have the report mentions, but fails to examine, calling for an independent 9/11-style independence to get to the bottom of the role of legal memoranda drafted at commission to shed full light on U.S. “We’ve all seen the photos from Abu this scandal. He wondered how investi- the Justice and Defense Departments treatment of detainees in Iraq, Ghraib prison that sparked outrage in gators appointed by Secretary of and by White House counsel that over- Afghanistan and Guantanamo Bay. America and the world. But we now Defense Rumsfeld were going to deter- turned longstanding U.S. military rules Such a commission would hold hear- know that the photos only show the mine whether he or other senior offi- and practice, justified the use of torture ings, have full subpoena power, and torture that was photographed,” James cials ordered, condoned or acquiesced and made unprecedented claims that have the authority to call for a special Ross, senior legal advisor of Human in torture. the executive branch is a law unto prosecutor if the evidence indicates Rights Watch, told members of the For example, Ross discussed the itself and the President as commander- criminal activity by senior government Civil Rights Committee at their Oct. 7 report released in August 2004 by a in-chief may choose to ignore laws, officials. The commission would meeting. panel headed by former Defense treaties and the Constitution regarding examine, among other things, the link Ross said that comparable – and Secretary James Schlesinger. The report the treatment of prisoners. The report between administration policy discus- indeed, more extreme – cases of torture acknowledges that the “CIA’s detention also acknowledges that “augmented” sions, legal memoranda and actual and inhumane treatment have been and interrogation practices contributed interrogation techniques for practices in Afghanistan, Iraq and extensively documented by the Inter- to a loss of accountability at Abu Guantanamo Bay, which included the Guantanamo Bay. Only an indepen- national Committee of the Red Cross Ghraib,” but failed to analyze the issue use of dogs, stripping detainees naked, dent panel, along the lines of the and were reported by detainees in U.S. further because investigating the CIA and subjecting them to painful stress September 11 commission, can begin custody in Afghanistan as early as was not within the panel’s mandate. positions, “migrated to Afghanistan to repair the damage done by the Abu 2002. The report raises the issue of “unregis- and Iraq where they were neither lim- Ghraib debacle, Ross said. The Ross discussed several of the tered detainees” held by the CIA, but ited nor safeguarded,” but does not American Bar Association has also Pentagon-appointed panels inquiring stated the panel “did not have suffi- hold the officials and general officers called for the creation of an indepen- into the detainee abuse scandal. He cient access to CIA information to who approved them responsible for dent commission. said that each is focused on only one make any determinations.” abuses. Ross also said that the Schlesinger Human Rights Watch, Ross said, is Sherrie J. Cohen, an attorney with Golomb & Honik, P.C., aspect or another of the treatment of is co-chair of the Civil Rights Committee.

Auerbach Real Estate, Inc. YourTrainingCenter Offering Classes in: Specializing in Foreclosures, • Time Matters • Billing Matters • Timeslips • Quickbooks Bankruptcy & Estate Sales • WordPerfect • MS Word, Outlook, Excel • Tabs3 • Practice Master • Quickbooks • PCLaw Completed over 1,000 negotiations involving: Short Payoffs • Multiple Mortgages • State & IRS Tax Liens YourTrainingCenter (www.yourtrainingcenter.com) is a joint effort of Information Technology Associates, Inc. (www.ita-usa.com) 30 years experience LANsultants (www.lansultants.com) Paul Auerbach, Broker Toll Free: (800) 953-6825 Storm Evans Consulting (www.evans-legal.com) 113 Lakeside Drive Fax: (215) 364-9557 Southampton, PA 18966 Mobile: (215) 630-7522 YourTrainingCenter 1528 Walnut St. Suite 1620 Philadelphia, PA 215-546-3124

PHILADELPHIA BAR REPORTER / NOVEMBER 2004 15 Chancellor’s Forum Rights, Treatment of Terror Suspects Debated by Julia H. Haines

The Geneva Conventions, its application to “enemy combatants” and the ensuing status, treatment and due process rights afforded those suspected of terrorist activities was the topic of a spirited Chancellor’s Forum on Sept. 22. Sponsored by the Civil Rights Com- mittee of the Public Interest Section, the panel included civil rights attorney David Rudovsky; Lt. Commander Char- les Smith, a well-known advocate of the current administration’s position;

David B. Rivkin; and Susan L. Burke Photo by Jeff Lyons who, along with co-counsel Susan Fea- Forum moderators (from left) Michael Carroll and Robert W. Meek are joined by panelists David Rudovsky, Chancellor Gabriel L.I. thers of University of Pennsylvania Bevilacqua, Susan L. Burke, Lt. Commander Charles Smith and David B. Rivkin at the Sept. 22 Chancellor’s Forum. Law School, has filed an action against those captured in Iraq and elsewhere The discussion continues on our dential election. How do we define private corporations alleged to employ who are suspected of maintaining ties editorial pages and in lawyers’ offices democracy? And who do we want persons who engaged in the torture of with terrorist organizations. Early in across the country: Does the war on defining it for us? And if we are going captured “enemy combatants.” the debate, it became clear that the terror merit minimizing the rights of to define it for the rest of the world, Introduced and moderated by Civil essential question is not what process those accused of crimes and is it worth should we look at ourselves and our Rights Committee Co-Chairs Michael is due, but whether or not detainees expanding the power of others to ig- pre-emptive acts more closely? Carroll and Robert W. Meek, the panel are entitled to any due process, based nore those rights? This debate did not upon the interpretation of the Geneva answer all the questions, but it did Julia H. Haines is chair-elect of the Association’s Public members stated their positions on the Interest Section. classification, rights and handling of Conventions. raise issues that loom over the presi-

2003-362T Attorney must ship proceding R.3.7a. RULES deposit settlement check in escrow 2004-45T It is permissible for continued from page 7 PROFESSIONAL GUIDANCE account and await clearing before client to sign a judgment note to deducting fee and transferring it to attorney to secure payment of fee pro- the tribunal. Under the new version of Editor’s note: The following are sum- operating account. vided there is compliance with R.l.8a. this rule, an attorney has a duty to correct maries of opinions issued by the Professional 2003-369T Attorney who wrote 2004-58T Attorney may pay the record if he or she knows that the Guidance Committee. The committee’s juris- reciprocal wills for husband and wife, referral fee to now-suspended lawyer client has been untruthful to the tribunal diction is limited to rendering opinions about now involved in a divorce, cannot only if that lawyer was on active sta- or untruthful during an ancillary pro- prospective ethical conduct by inquirers who write new will for wife due to conflict. tus at time of referral, fee does not ceeding. How the attorney ultimately are members of the Philadelphia Bar Waiver of the conflict might not be originate from case resulting in the complies with this rule, however, is Association. The letter “T” following an opin- permitted. suspension and there is compliance another issue and there will always be ion number indicates a telephone inquiry. 2004-1 Attorney consulted by with R.1.5e. debate as to what exactly is required for Attorneys who wish to ask a question, obtain client unhappy with present counsel 2004-60T Attorney representing compliance. copies of committee opinions or ask the com- has no obligation to notify existing husband in divorce may not date him. Reich ended the discussion by summa- mittee to research a matter should contact counsel before or after meeting, and 2004-62T Expert witness cannot rizing some additional changes in the Paul Kazaras, the Association’s assistant exec- shall not without client consent. In be paid on a contingent fee basis. rules. First, he noted that Rule 2.4 makes it utive director, at (215) 238-6328. addition, there is no obligation to 2004-71T Attorney approached very clear that when acting as a third par- work out problem between client and by prospective client in court asking ty neutral, an attorney has to advise the Summarized by David I. Grunfeld counsel. Attorney can undertake rep- for representation may give business parties that he or she is neither person’s resentation but must advise client of card and undertake representation. attorney. Under Rule 4.4(b), an attorney 2003-13 Attorney not admitted in potentials of claim by discharged 2004-72T Obtaining client data- has an affirmative obligation to notify Pennsylvania may participate in a sin- counsel and may prepare termination base from attorney not in same firm opposing counsel when any documents gle non-judicial ADR in Pennsylvania. letter for client. and then sending targeted direct mail are sent to him or her in error. Next, Rules 2003-345T It is impermissible to 2004-4 When attorney represent- solicitation letters to those clients in 5.1, 5.2 and 5.3 impose a duty on all attor- use words “expert” or “expertise” in ed wife in custody case, as to which database is impermissible because it neys to comply with the rules, especially advertising. evaluator’s fees were to be shared by constitutes rendering assistance to those in supervisory positions, and now 2003-346T Paying an attorney, the parties, attorney cannot now rep- other lawyer in violating confidentiali- the definition of those in managerial who also sells estate and financial resent evaluator in claim against hus- ty R.1.6. and thus is violation of R.8.4a. positions has been broadened, imposing a planning products, a referral fee for band for his share of fees. 2004-85T When escrow account higher-level duty on additional attorneys. wills clients, may pose a conflict in 2004-7T Telephone solicitation of check to client is lost and must be The final important change discussed some situations. Concerns may also injured prospective clients is imper- stopped, bank fee should be covered was regarding advertising. Under the pre- arise under R. 7.3. Fee sharing must be missible unless previous professional by deposit from operating account. vious rule, an attorney could not create disclosed to clients under R.1.5e. or family relationship exists. 2004-151T Letter of representa- “unjustified expectations” by advertising 2003-352T Attorney who repre- 2004-20T Attorney who learns of tion should be sent to clients being prior monetary judgments that have been sented husband in IRS matter and predecessor counsel’s malpractice has handled on no-fee basis. obtained. The new Rule 7.1 significantly receives subpoena for file from wife’s duty to notify client. 2004-169T Attorney whose firm changes the prior rule and allows an att- divorce lawyer, may not produce it 2004-33T Attorney who drew represented couple in bankruptcy five orney to discuss such judgments as long without order of court. estate plan for client should not now years ago cannot now handle divorce as the discussion is not false or mislead- 2003-353T Attorney who sues represent her sons in guardianship for wife. ing. client for fee may reveal confidential petition as to client not only because information per R.1.6c3 in pursuing David I. Grunfeld, a sole practitioner, is a member of the Asima Panigrahi, law clerk for Philadelphia Court of of conflict of interest but because Professional Guidance Committee. Common Pleas Judge Denis P. Cohen, is an associate editor of fee claim. attorney will be witness in guardian- the Philadelphia Bar Reporter.

PHILADELPHIA 16 NOVEMBER 2004 / BAR REPORTER ‘Kevin Hill’ Predictable, Yet Easy on the Eyes by Sunah Park pleased with her own lawyer betraying her, but in the end she sees the wis- Believe it or not, I wanted to watch dom of his ways and agrees to let her the last presidential debate rather than sister have temporary custody of her watch another legal show. I know daughter until she successfully com- “Kevin Hill” (UPN, Wednesdays, 9 p.m.) pletes rehab. stars Taye Diggs, but unless Diggs In the end, Kevin learns that a good crawled out of my television set and caretaker puts the welfare of the child walked into my living room, I really before his own desires. Therefore, he had no desire to watch the show. Since did not have too many regrets about there are worse things to do than missing out on the Victoria’s Secret watch Taye Diggs, however, I agreed to party (unrealistic, anyone?). We see him watch. Now it just so happened that I growing closer and more attached to had dinner plans with Mrs. Feldman, Sarah and eventually accepting that he my fifth grade teacher, that night. I is more than just “Cousin Kevin.” asked her if she wouldn’t mind watch- Taye Diggs is a very charismatic ing “Kevin Hill” with me. To my sur- actor and I found myself enjoying the prise, she readily agreed and said she show despite its tired premise. The was already a fan of Taye Diggs, having future episodes are predictable in that seen him in “Rent.” “Very easy on the the conflict between his single exis- eyes,” she added. tence and his newfound status as I got the premise from all the pro- “Daddy Kevin” will always be at the mos – professional single black male center of the story. I don’t regret that I “inherits” his cousin’s baby girl, Sarah, missed the last presidential debate and his playing days are forever Photo courtesy UPN (predictably, both candidates’ parties changed. The idea of someone whose Taye Diggs plays attorney Kevin Hill in the UPN series “Kevin Hill.” proclaimed victory) for “Kevin Hill,” life is altered by the introduction of an overzealous caseworker from Child ous and re-thinks his zealous advocacy but I doubt I’ll catch any future someone else’s baby is not new. In Protective Service who wanted to make of his client keeping custody of her episodes of the show – that is, unless 1987’s “Baby Boom,” Diane Keaton is a a name for himself by targeting the child. At a meeting with his fellow Diggs crawls out of the television set super yuppie whose life is turned famous Gershon. attorneys the next day, he decides that and watches it with me. upside down when she inherits a dis- A running side story involves Gershon is not fit to take care of her Sunah Park, an associate at Thorp Reed & Armstrong, tant relative’s baby. In “Three Men and Kevin’s friend and wingman, Dame, daughter until she gets herself to LLP, is an associate editor of the Philadelphia Bar a Baby” (1987), three guys’ lives are who can’t seem to find anyone else to rehab. Of course, Gershon is not too Reporter. inexorably changed when they’re hang with. It is obvious that Dame forced to take care of a baby left by does not like Kevin’s new role as care- one of the guys’ girlfriends. Moreover, taker. We see Dame and Kevin at a bar examination of the life of a single talking up three women who are gig- INCORPORATION attorney saw its heyday in the form of gling and making goo-goo eyes at “Ally McBeal.” “Kevin Hill” is the mar- them. Suddenly, Kevin’s cell phone AND riage of all of those with the added rings and it’s his nanny who has run twist of a protagonist who is African- out of formula. Dame doesn’t want the LIMITED LIABILITY American. I’ve seen only one episode, women to know that Kevin has a baby but I did not detect any racial under- so he pretends that Kevin’s talking COMPANY FORMATION tones or overtones. Mrs. Feldman did shop with a client. But the women comment that it was refreshing to see a aren’t as dumb as Dame would like CONVENIENT, COURTEOUS SAME DAY SERVICE show where the black male protagonist and they go away once they figure out was not a stereotype but a three- the truth. This incident confirms dimensional character. This episode Dame’s disdain for Kevin’s new role as PREPARATION AND FILING SERVICES IN ALL STATES revealed that Hill still has some conflict it puts a serious crimp in both of their CORPORATION OUTFITS AND about giving up his single life to be social lives. Sarah’s “Cousin Kevin” (he refuses to Both storylines converge, of all LIMITED LIABILITY COMPANY OUTFITS call himself her “daddy”). places, at a Victoria’s Secret models The episode centered around guest party. Dame has convinced Kevin to go SAME DAY SHIPMENT OF YOUR ORDER star Gina Gershon (“Showgirls,” any- out on another Saturday night and one?) as a rock star whose alleged leave Sarah with the nanny. Once CORPORATE STATUS REPORTS neglect of her daughter precipitated a there, surrounded by scantily-clad UCC, LIEN AND JUDGMENT SEARCH SERVICES custody battle with her sister. At the women swaying to the Terror Club’s DOCUMENT RETRIEVAL SERVICES client intake meeting, Hill was assisted ubiquitous “Lean Back,” Kevin is giddy by fellow attorneys, played by Michael and forever grateful to Dame. He’s Michelle and Kate Levering (over- about to get his groove on, but his billing, anyone?). Gershon’s character night is cut short when he sees a M. BURR KEIM COMPANY retained Kevin because she heard that drunken Gershon partying like he’d SERVING THE LEGAL PROFESSION SINCE 1931 he had recently inherited his cousin’s like to. Afraid that the press might get baby so he would be empathetic and wind of her drunken antics and jeop- understand what it was like to be a ardize their custody case, Kevin escorts 2021 ARCH STREET, PHILADELPHIA, PA 19103 single working parent. Gershon Gina out the back door and takes her believes the custody case is trumped home, where he finds her daughter PHONE: (215) 563-8113 up and that her sister is motivated by home alone, cleaning up the remnants FAX: (215) 977-9386 jealousy of her success as a rock star. of a kitchen fire. The daughter claims At the initial hearing, Kevin ably man- the babysitter had just left and that she WWW.MBURRKEIM.COM ages to portray his client as a victim of had not been left alone. Kevin is dubi-

PHILADELPHIA BAR REPORTER / NOVEMBER 2004 17 Career Corner Avoid Obstacles When Changing Practice Area by James LaRosa and Gary Mintz than a traditional MBA and can provide you may be able to convince a future you with a solid foundation in a partic- employer that you are committed to the Question: What’s an effective ular field. opportunity in which you are interest- way of presenting yourself if If you are truly serious about mak- ed. There are numerous valid reasons you want to change practice experiences in this area and explain ing a change, you may need to take a for leaving a position. The problem you areas? how you enjoyed the elements of your small if not significant cut in salary. are going to face is that with each move Answer: While it is not impossible practice that encompass that practice And because you are just learning a you have made, your reason behind the to change your specialty, there can be area. new practice area you will likely get the move is going to be looked at with an obstacles. First, you may want to look Networking can be very beneficial low-end grunt work that you may have increasingly skeptical eye. You will also within your own firm to see if there is when attempting to change practice worked your way out of. need to be prepared to explain what it an opportunity to move into a different areas. Talk to friends and coworkers Question: I had my first job is about this opportunity that is differ- practice group. If that is not an option, that are practicing in the area in which for a year and went to another ent from your former positions and evaluate how your past experience and you are interested. Let them know you firm for a year. I just got a why you will not leave this job as skills can be transferred to translate are interested in changing your practice. third job and don’t like it all. quickly as you have your past jobs. You into the type of practice in which you Since they practice in that area, they are How do I shop for a new job need to be as certain as possible that are interested. Try to gear your resume more familiar with the skills you will without looking like a job hop- this next position is a long-term career to reflect these transferable skills. Also, need to make the change. They will also per? opportunity. while your cover letter is always an have a better grasp of what is happen- Answer: To be quite frank, with You want to confirm that this new important part of your job application, ing in that particular practice area and your job history, it is going to be very opportunity will not have the same it is particularly critical when you are they may know of firms that are look- difficult to not appear to be a job hop- issues that you found objectionable at trying to change practice area. Your ing to expand. per. The first thing we would suggest is your former jobs. No matter how bad cover letter should succinctly explain Going back to school is also an for you to reevaluate your decision to your present job is, you will only be why you are interested in a new prac- option. Not only do you learn about leave your new job so quickly. Are you hurting your career if you take another tice area and why your background the particular area in which you are so dissatisfied with your present firm job you do not like and start prema- qualifies you for that particular practice. interested, but you are also demonstrat- that you truly need to make a move? turely searching once again. In trying to make a practice switch, ing that you are committed to making a Take a long look at what is behind this change. Many attorneys will go back to decision. James LaRosa, Esq. and Gary Mintz, Esq. are recruiters it is also important that you are able to with JuriStaff, Inc., the exclusively endorsed legal staffing articulate specific reasons for wanting school for an LLM or possibly an MBA. You are going to need to be able to agency of the Philadelphia Bar Association. LaRosa can Some schools offer certificate programs credibly explain the reasons behind be reached at (215) 751-9100, extension 302 or via e-mail to practice in that particular field. Sim- at [email protected]; Mintz can be reached at (215) ply saying that it seems more interest- in a particular field. These programs are each move. If you can adequately 751-9100, extension 315 or via e-mail at ing will not be enough. Discuss your less expensive and time consuming explain each move (and that is a big if) [email protected].

RADISSON PLAZA- WA RWICK HOTEL PHILADELPHIA

Your employees will love coming to work as much as going home.

In these times when retirement plan balances are down, health care costs < Innovative Menus are up, and pay is frozen, your employees may be feeling a little…unloved. < That’s where TransitChek can help — with real savings for using public transit. Attentive Service It’s a simple tax-break benefit that can pay for itself. < Dramatic Design The entire cost of TransitChek is tax-deductible for employers. Your company can also save on matching Specializing in corporate events and holiday gatherings. FICA taxes, so TransitChek can quickly pay for itself. Your employees who participate save on their income taxes, too. Discover why the Radisson Plaza-Warwick Hotel has hosted Show your employees you care with TransitChek. many of Philadelphia’s most prestigious events over the years. It’s the easiest win-win benefit you can offer. Visit www.gettransitchek.org or call 215-592-1800.

SEPTA / DART First State / NJTransit 1701 Locust Street • Philadelphia, PA 19103 • 215.735.6000 VPSI Commuter Vanpools / Amtrak www.radisson.com/philadelphiapa PATCO Vanpool of New Jersey / CAT Delaware Valley Regional Planning Commission Providing hospitality in Rittenhouse Square for over 75 years!

PHILADELPHIA 18 NOVEMBER 2004 / BAR REPORTER FEASTS TO FAMINE Sergio’s group of waitpersons are NOMINATING Offices to be filled are Vice Chancellor, polite and most helpful. They look to Secretary, Assistant Secretary, Treasurer continued from page 15 continued from page 1 be local students with family ties to and Assistant Treasurer, as well as five slices, rolls these among three different Maria. They seem to revel in your Secretary, c/o Susan Schrenk, Philadel- (5) positions on the Board of Governors Italian cheeses, then sprinkles with enjoyment of the food as much as she. phia Bar Association, 1101 Market St., for a term of three years. parmesan and bakes until they can It’s not uncommon for the entire staff Philadelphia, PA 19107-2911. Letters Candidates are also asked to provide melt in your mouth. Which they do. “In to drift into the “piano room” on week- must state the office the individual is a photograph and statement of no Calabria, they were making this dish ends, as the restaurant dinners are seeking and must include the names more than 150 words, demonstrating when the Dead Sea was only sick. completed, to begin singing and laugh- and signatures of at least twenty-five their qualifications to serve as a mem- That’s how old the recipe is,” says ing. After a few moments of music, we (25) members of the Association who ber of the Board of Governors. Photos Maria knowingly. I’ve tasted nothing so all have family ties to Maria. are entitled to vote, except for the and statements will be published in the splendid, old-fashioned and fulfilling FINIS CORONAT OPUS nomination of Vice Chancellor, which Philadelphia Bar Reporter and must be in years. Every bite coats the inside of shall be signed by a least one hundred received no later than Friday, Nov. 5 at your cheeks with cheese, while leaving Skinny D. Bockol is a sole practitioner and advisory editor 5 p.m. of the Philadelphia Bar Reporter. (100) members who are entitled to vote. mid-mouth and lips to mash the silken eggplant portion into a passionately moist potion. It all magically dissolves upon one’s tongue, as if a concluding swallow were not required. NOVEMBER CLE COURSES One might also ask for Maria’s dried baked artichokes, whose leaves emerge like rose petals from the oven, and taste like potato chips, but whose inner Nov. 3 A Day on Health Law • The CLE Conference Center core choke remains soft, and subtly fla- vored by a buttery burst. Nov. 4 Banking, Check Fraud and E-discovery: The Impact of Check 21 The CLE The CLE Conference Center If you merely want a sanctuary of Conference Center satiation, then try to finish the three- Trials of the Century • The CLE Conference Center Wanamaker Building meat lasagna ($14.95). Your eyes and th instincts tell you that a pillow has been Nov. 8 How to Handle a Child Abuse Case: Support Center for Child Advocates 10 Floor, Suite 1010 delivered to the table. You must con- Volunteers Training Workshop • The CLE Conference Center sider whether to eat it or rest your Issues in Commercial Mortgage Foreclosures • The CLE Conference Center head upon it. Federal Courthouse Layers of flat pasta lengths are inter- Nov. 9 Annual Auto Law Update • The CLE Conference Center Ceremonial woven among horizontal rows of Nov. 10 Representing an Adult with a Disability • The CLE Conference Center Courtroom crumbled cooked veal, beef and pork. 601 Market Street Melted mozzarella, provolone and Private Equity and Venture Capital Financing • The CLE Conference Center parmesan cheeses slip lava-like in Nov. 11 Abusive Financial Practices Impacting the Elderly: Reverse Mortgages, every direction in between the layers. Insurance and Long Term Care Issues • The CLE Conference Center Franklin Institute All of the above is drenched in a red sea of sauce that looks as if only Moses Handling Capital Cases • The CLE Conference Center Science Museum 222 N. 20th Street could part. Nov. 12 A View from the U.S. Trustee’s Office: Practices and Your fork and you begin the process 5th Floor Procedures that Cross the Line • The CLE Conference Center of meandering on all levels. The pasta is soft on the palate, while the meats Prisoner Civil Rights Litigation • Federal Courthouse Ceremonial Courtroom swim about in the heated crater of Employment Law Update • The CLE Conference Center Kimmel Center your mouth. The plethora of red mari- for the Nov. 16 3rd Annual Law of Historic Preservation • The CLE Conference Center nara sauce penetrates your taste buds Performing Arts leaving a mist as you exhale. Nov. 17 Annual Auto Law Update • The CLE Conference Center Perelman Theater I’ll not mention the ristorante’s homemade gnocchi in pesto sauce The Gaming Law: The PA Race Horse Development and Gaming Act 2004 260 S. Broad St. on the ($11.95) or its orecchiette ($13.95) play- The CLE Conference Center Ave of the Arts ing among mounds of broccoli rabe, Suite 901 Nov. 18 Advanced Issues in Medical Malpractice • The CLE Conference Center Italian sausage, garlic spikes and roast- ed red peppers, except to say “quality Technology for the Family Lawyer • The CLE Conference Center shows.” You’ll be whistling “Volare” for Recurring Issues Facing Antitrust Lawyers • The CLE Conference Center Philadelphia Bar days. Association Nov. 19 Driving After Imbibing: The New Law in Effect th Live via Satellite -- Franklin Institute Science Museum 11 Floor Conference Center Effective Advocacy in the Federal Appellate Courts • The CLE Conf. Center Peruto to Receive 1101 Market St. Nov. 29 Selecting, Investigating, Evaluating & Settling a Personal Injury Case Beccaria Award The CLE Conference Center The Criminal Justice Section and The Justinian Society will present the 11th Nov. 30 Pennsylvania Rules of Evidence Refresher • Philadelphia Bar Association annual Cesare Beccaria Award to A. Philadelphia Bar Probate and Trust Section 2004 Annual Meeting Charles Peruto Sr. on Monday, Nov. 22 When the Scrivener is on Trial — What the Estates Lawyer and Fiduciary at 5 p.m. in Room 202 of City Hall. Need to Know About Discovery, Privilege and Malpractice in the Orphans’ A reception, open to all members of Court and Civil Trial Division • Kimmel Center for the Performing Arts the legal community, will follow. Please RSVP by Wednesday, Nov. 17 by calling Juvenile Court Practice & Procedure • The CLE Conference Center (215) 238-6303 or by e-mail to [email protected]. Call PBI Customer Service at 1-800-247-4724 to register for a course or for more information. The Beccaria Award honors an indi- Register on the Internet at www.pbi.org vidual who has made an extraordinary contribution to scholarship and under- The Pennsylvania Bar Intitiute is an accredited CLE provider. standing in the area of criminal justice.

PHILADELPHIA BAR REPORTER / NOVEMBER 2004 19 First Monday Forum The Association’s Law School Outeach Committee sponsored the First Monday Forum “Protecting Human Rights Across Borders: Alien Tort Claims Act Litigation” on Oct. 4 at The CLE Conference Center. Pictured (from left) are Sara Woods, Villanova University Law School; Karen Forman, Temple University James E. Beasley School of Law; Eve Biskind Klothen, Rutgers-Camden Law School; Susan Feather, University of Pennsylvania Law School; panelist Natacha Thys, associate general counsel of the International Labor Defense Fund; panelist Susan Burke of Montgomery, McCracken, Walker & Rhoads, LLP; panelist Beth Stephens, Rutgers-Camden Law School; and panelist David

Photo by Jeff Lyons Rudovsky, University of Pennsylvania. It’s Never Too Early for Business Sale Plans by Peter A. Rohr and Richard L. Fox of retirement. This is an especially per- regarding a sale take place, although a respect to the issuing company. Aside vasive issue as the vast majority of more liberal standard applies in the from tax and SEC issues, taking back Fewer than 30 percent of family businesses in the United States are case of transfers involving charitable the stock of another company in con- businesses are actually taken over by family businesses. interests. nection with a sale raises important the succeeding generation of the If a client intends to transfer owner- When, for example, a publicly trad- financial and investment considera- founder. This makes planning for an ship of the business to the next gener- ed company approaches a client about tions. Is the stock liquid? Is it regular- eventual exit strategy via a sale an ation, a succession plan is essential. selling his closely held business, a ly traded? Can the stock be hedged or extremely important issue to consider. This typically involves a long-range number of issues are immediately otherwise protected from a significant Business owners contemplating a sale plan that takes into account the devel- raised. For tax purposes, it may be pos- downturn? of the business should make sure a opment of the business skills and acu- sible to structure the transaction as a In any potential sale situation, there transaction team is on board and com- men of the younger generation, issues tax-free merger or other reorganiza- should be substantial pre-sale discus- municating long before the actual clos- regarding the control of the business tion, in which case the owner will sion and analysis of post-sale invest- ing of the sale. after the founder is no longer in receive stock of the acquiring company ment, income and liquidity strategies. Depending on the size and scope of charge, and the estate and gift tax con- that will not be subject to tax until it is The possible use of hedging and diver- the transaction, the team may include sequences of effectuating the transfer. If sold. If the business owner is to sification strategies should be consid- a business and tax attorney, financial the intention of the client is to sell the receive restricted securities in the pub- ered in this context, as these strategies advisor, valuation expert, accountant business, other considerations are lic company, SEC Rule 144 prevents the may serve to unlock value, create tax- and investment banker. Having such a involved, particularly the maximization securities from being immediately efficient liquidity, and protect a con- transaction team is critical, as the sale of the value to be realized, the preser- traded in the public markets. Instead, centrated investment position in one of the business and the use of the vation of such value, and the mini- the stock can generally only be sold in holding from the risk of a downturn in related sale proceeds should involve mization of taxes. the public markets after a one-year the market. In addition, any estate consideration of legal, tax, financial, Assuming it is consistent with the holding period, but even then it can planning strategies should be imple- investment and estate planning issues. client’s overall desires, income, estate only be dribbled out in limited quanti- mented as far in advance of the sale as As an attorney, you know firsthand and gift taxes may be substantially ties. In addition, if the owner desires a possible in order to maximize their the ongoing planning that is required reduced by engaging in certain trans- seat on the public company’s board of benefits. Estate planning tools, such as for your clients and their businesses to actions prior to the sale. These transac- directors, other SEC rules may prevent a grantor retained annuity trust or a be successful. Down the road, part of tions may include, for example, trans- the sale of the stock as a result of the this success may come in the form of a ferring certain interests in the business owner becoming an “insider” with continued on page 21 successful sale of the business or its to family members, an intentionally transition to the next generation. defective grantor trust, a grantor In fact, we have found that selling retained annuity trust, a split-interest or transferring a family business is cur- charitable trust, a private foundation or rently a major concern to our clients in donor-advised fund, or to a public ATTORNEY DISIPLINARY/ETHICS MATTERS the “baby boom” generation, who have charity. Ideally, these transfers should spent a lifetime building up their busi- be accomplished well before the agree- nesses and are now facing the prospect ment of sale or even discussions Representation, Consultation and Expert Testimony in Matters Involving Ethical Issues and/orthe Rules of Professional Conduct

JAMES C. SCHWARTZMAN, ESQ. Schwartzman & Associates, P.C. 1760 Market St. 12th Floor Phila., PA 19103 (215) 563-2233

Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania; Former Chairman Continuing Legal Education Board of the Supreme Court of Pennsylvania; Former Federal Prosecutor

AV Rated

PHILADELPHIA 20 NOVEMBER 2004 / BAR REPORTER BUSINESS SALE out the life of the business. While the seller is preparing for all continued from page 20 Lawyers Helping Lawyers potential contingencies involving the family limited partnership, can be an sale, one issue remains paramount – efficient means of transferring wealth how much is the business worth? to the next generation, while at the There is no standard formula for the same time addressing the owner’s liq- valuation of a business, but there are a uidity and income needs after the sale number of customary factors for con- of the company. The use of various sideration. Look closely at the following charitable planning techniques can also factors, among others: trading prices minimize income taxes associated with for comparable companies, recent a sale while furthering the owner’s acquisitions of similar companies, the philanthropic intentions. A charitable strategic value of the business to non- remainder trust, which not only financial buyers; current availability (or reduces income taxes but also provides lack thereof) and cost of debt financing; the owner with an income stream, is and the impact of an acquisition on a sometimes used in the context of a sale publicly held buyer’s earnings per Photo by Jeff Lyons of a closely held business. share. Chancellor Gabriel L.I. Bevilacqua meets with John Rogers Carroll, chair of the The best time to begin pre-sale Association’s Lawyers’ and Judges’ Assistance Committee, at the American Bar planning is at the time of the creation Peter A. Rohr is a senior vice president with Merrill Association’s 17th National Conference for Lawyer Assistance Programs at the Hyatt Lynch. He can be reached at [email protected]. Richard of the business and such planning L. Fox is a partner with Dilworth Paxson LLP. He can be Regency Philadelphia at Penns Landing on Oct. 12. The conference featured courses should be routinely updated through- reached at [email protected]. on lawyer assistance topics led by leaders in treatment, recovery and counseling.

Monday, Nov. 15 Business Law Section Executive Committee – meeting, noon, 10th floor Board Room. CALENDAR OF EVENTS Tuesday, Nov. 16 Cabinet – meeting, noon, 10th floor Board Room.

Note: While the following listings have been verified prior to press time, any scheduled event Wednesday, Nov. 17 may be subject to change by the committee or section chairs. Workers Compensation Section Executive Committee – meeting, 10:30 a.m., 11th floor Committee Room. Monday, Nov. 1 Workers Compensation Section – meeting, noon, 11th floor Conference Center. Lunch: $7.50. Public Interest Section Executive Committee – meeting, noon, 10th floor Board Room. Real Property Section – Annual meeting, noon, Loews Philadelphia Hotel, 1200 Market St. Family Law Section – meeting, 4 p.m., 10th floor Board Room. Tickets: $30, www.philadelphiabar.org. Tuesday, Nov. 2 Federal Courts Committee – meeting, 12:30 p.m., 10th floor Board Room. Lunch: $7.50. Philadelphia Bar Foundation Board of Trustees – meeting, noon, 10th floor Board Room. Committee on Racial and Gender Bias in the Justice System – meeting, 12:30 p.m, 11th Elder Law Committee – meeting, noon, 10th floor Committee Room South. floor Committee Room. Lunch: $7.50. LegalLine – 5 p.m., 11th floor LRIS offices. Wednesday, Nov. 3 Delivery of Legal Services Committee – meeting, 8:30 a.m., 10th floor Board Room. Thursday, Nov. 18 State Civil Committee – meeting, noon, 10th floor Board Room. Lunch: $7.50. Family Law Section Executive Committee – meeting, noon, 11th floor Committee Room South. Thursday, Nov. 4 Women in the Profession Committee – meeting, noon, 11th floor Conference Center. Lunch: Environmental Law Committee – meeting, noon, 11th floor Conference Center. Lunch: $7.50. $7.50. Civil Rights Committee – meeting, 12:15 p.m., 11th floor Committee Room South. Alternative Dispute Resolution Committee – meeting, 12:15 p.m., 10th floor Board Room. Friday, Nov. 19 Philadelphia Bar Reporter Editorial Board – meeting, 12:30 p.m., Cabinet Room. Social Security and Disability Benefits Committee – meeting, noon, 11th floor Conference Center. Lunch: $7.50. Friday, Nov. 5 Philadelphia Lawyer magazine Editorial Board – meeting, 12:30 p.m., 10th floor Board Philadelphia Bar Association Bench-Bar Conference – noon, Borgata Hotel Casino Spa, Room. Atlantic City, N.J. Tuesday, Nov. 23 Saturday, Nov. 6 Thanksgiving Breakfast – 8 a.m., Union League, 140 S. Broad St. Philadelphia Bar Association Bench-Bar Conference – 8 a.m., Borgata Hotel Casino Spa, Board of Governors – meeting, 4 p.m., 10th floor Board Room. Atlantic City, N.J. Wednesday, Nov. 24 Monday, Nov. 8 Committee on the Legal Rights of Persons with Disabilities – meeting, 12:30 p.m., 11th floor Election Procedures Committee – meeting, 8:30 a.m., 10th floor Board Room. Committee Room. Tuesday, Nov. 9 Thursday, Nov. 25 Criminal Justice Section Executive Committee – meeting, 10th floor Board Room. Thanksgiving – Bar Association offices closed. Solo and Small Firm Committee – meeting, noon, 11th floor Conference Center. Lunch: $7.50. Friday, Nov. 26 Wednesday, Nov. 10 Thanksgiving Friday – Bar Association offices closed. Section Chairs Meeting with Chancellor – 8:30 a.m., 10th floor Board Room. Appellate Courts Committee – meeting, noon, 10th floor Board Room. Lunch: $7.50. Tuesday, Nov. 30 Young Lawyers Division Executive Committee – meeting, noon, 10th floor Board Room. Thursday, Nov. 11 Criminal Justice Section – meeting, noon, 11th floor Conference Center. Lunch: $7.50. Legislative Liaison Committee – meeting, 12:30 p.m., 11th floor Committee Room South. Probate and Trust Section – Annual Meeting, 2 p.m., The Kimmel Center, 260 S. Broad St. Lunch: $7.50. Family Law Section – Annual Dinner, 5:30 p.m., Maggiano’s Little Italy, 12th and Filbert Committee on the Legal Rights of Lesbians and Gay Men – meeting, 12:30 p.m., 11th floor streets. Tickets: www.philadelphiabar.org. Committee Room. Workers’ Compensation Section – Annual Reception, 6 p.m., The Pyramid Club, 1735 Market Friday, Nov. 12 St. Tickets: www.philadelphiabar.org. Women’s Rights Committee – meeting, 12:15 p.m., 10th floor Board Room. Lunch: $7.50. Unless otherwise specified, all checks for luncheons and programs should be made payable to the Philadelphia Bar Saturday, Nov. 13 Association and mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, Pa. 19107-2911. Send Bar Association-related calendar items 30 days in advance to Managing Editor, Philadelphia Bar Reporter, Philadelphia Bar Andrew Hamilton Ball – Park Hyatt Philadelphia at the Bellevue, Broad and Walnut streets. Association, 1101 Market St., Philadelphia, Pa. 19107-2911. Fax: (215) 238-1267. E-mail: [email protected]. Tickets: www.philadelphiabar.org.

PHILADELPHIA BAR REPORTER / NOVEMBER 2004 21 ship organization that seeks to elimi- Holdings Inc. Gittis, former Chancellor General Continuing Legal Education nate substandard housing in the City of the Philadelphia Bar Association, is seminar “Bankruptcy from a Govern- of Philadelphia by working in partner- vice chairman and chief administrative ment Perspective” in Washington, D.C. PEOPLE ship with families, sponsors and vol- officer of MacAndrews & Forbes in September. His presentation was unteers. Holdings. “Regulators, the Automatic Stay and Jerome J. the Discretionary Stay.” Shestack, a part- Sharon N. Gregory B. ner with WolfBlock, Humble, manag- Williams, a part- Phyllis Horn has been elected ing partner of ner with Fox Epstein, a mem- president of the Linebarger Goggan Rothschild LLP, has ber of Epstein, National Blair & Sampson, been named to Shapiro & Epstein, Conference of Bar LLP, served as American Lawyer P.C., spoke on Fail- Foundations, an moderator at the Media’s 2004 ure to Secure Ad- umbrella organiza- North Eastern Lawyers on the Fast equate Legal Assis- tion for developing state and local States Tax Officials Track list. The tance in Handling foundations and acting as their nation- Association 2004 conference in Award recognizes the top attorneys in Qualified Domestic al representative Ogunquit, Me., in September. Pennsylvania under age 40, selected by Relation Orders as a faculty member of a statewide panel of lawyers. “Once of Prevention, Pound of Cure: Sunah Park, an Lisa R. Jacobs, a partner with Critical Mistakes Made in Divorce in associate at Thorp Pepper Hamilton LLP, spoke on “Going Ian Comisky, a partner at Blank Pennsylvania” sponsored by the Nat- Reed & Armstrong, Public” at the Sept. 29 meeting of the Rome LLP, was a featured speaker at ional Business Institute on Sept. 14. LLP, discussed Philadelphia Chapter of the Private the 2004 ABA/ABA Money Laundering records manage- Equity CFO Association in West Enforcement Seminar Oct. 24 to 26 in Julia M. ment in the elec- Conshohocken, Pa. She also has been Arlington, Va. Rafferty, an tronic workplace at named to the executive council of the associate with the Pennsylvania Business Law Section of the Bruce H. Bikin, a partner at Marshall, Denne- Bar Institute’s Pennsylvania Bar Association for a Montgomery, McCracken, Walker & hey, Warner, Cole- Technology Law Forum in August. three-year term, and was appointed by Rhoads, LLP, has been appointed to the man & Goggin, has the Secretary of the Commonwealth of Hearing Committee of the been elected to the David N. Hofstein, a shareholder Pennsylvania to the Corporation Pennsylvania Supreme Court Board of Directors with Hofstein, Weiner & Levit, P.C., has Bureau Advisory Committee in and for Disciplinary Board. of the Professional been elected to the Board of Directors the Commonwealth of Pennsylvania Women’s Roundtable. of the Pennsylvania Bar Institute. He for a two-year term. Alan F. Wohlstetter, a member of also served as the moderator for the Cozen O’Connor, is serving on the Thomas K. Gilhool of the Public recent Pennsylvania Bar Institute pro- Jennifer A. Brandt, a member of Philadelphia Host Committee, a group Interest Law Center of Philadelphia gram “Lawyers and Counselors Tackle Cozen O’Connor, has been named to of Philadelphians leading a nationwide received Philadelphia Mental Retard- Tough Child Custody Problems.” American Lawyer Media’s 2004 series of forums marking the 50th ation Services’ Fialkowski Award in Lawyers on the Fast Track list. The anniversary of Brown v. Board of recognition of his dedication and Lee Award recognizes the top attorneys in Education. achievement in promoting social Applebaum, a Pennsylvania under age 40, selected by change, inclusion and empowerment partner with a statewide panel of lawyers. Brandt Neil Boyden in the lives of people with mental Fieman Krekstein & also served as the instructor for Tanner of Pepper retardation. Harris, P.C., has “Navigating the Rough Waters of Hamilton LLP been appointed Divorce,” a four-week evening course recently was elect- William H. vice chair of the offered at Haverford Township Adult ed by the executive Brown III, senior Business Courts School. committee of the counsel at Schna- Subcommittee of International der Harrison Segal the American Bar Association Section Mark A. Welge, president of Welge Association of & Lewis LLP, has of Business Law’s Business and Dispute Solutions LLC, has been reap- Young Lawyers as received a Lifetime Corporate Litigation Committee. pointed for a fourth term as co-chair of its national representative from the Achievement Aw- the Alternative Dispute Resolution United States. ard from the Law- Molly Peckman, director of associ- Committee of the Pennsylvania Bar yers’ Committee for ate development at Pepper Hamilton Association. He was also elected presi- Justice Ralph J. Cappy, chief jus- Civil Rights Under Law. LLP and editor-in-chief of the Philadel- dent-elect of the Greater Delaware tice of the Supreme Court of phia Bar Reporter, has been selected as a Valley Chapter of the Association for Pennsylvania, has been appointed to Justice William H. Lamb, chair- “Lawyer on the Fast Track,” an award Conflict Resolution. the United States Judicial Conference man of Lamb McErlane PC, has been given to Pennsylvania’s top lawyers Committee on Federal-State appointed by Gov. Edward G. Rendell under 40 by American Lawyer Media. Judge G. Craig Lord, a partner at Jurisdiction by U.S. Supreme Court to fill a vacancy on the Court of Blank Rome LLP, has been appointed Chief Justice William H. Rehnquist. Judicial Discipline of the B. Christopher Lee, managing by Gov. Edward G. Rendell to Commonwealth of Pennsylvania. shareholder of Jacoby Donner P.C., has Pennsylvania’s Judicial Conduct Board. Shahan G. Teberian, a partner been elected president of the Board of with Klehr, Harrison, Harvey, Trustees of the Charter High School for Patrick J. O’Connor, president and Branzburg & Ellers LLP, has been Names Are News Architecture and Design. CEO of Cozen O’Connor, has been des- named to the Board of Directors of the “People” highlights news of ignated vice chair of the Pennsylvania Philadelphia Association of Christian members’ awards, honors or Kimberly A. Tynan of Philadelphia Supreme Court’s rules of evidence Schools, a nonprofit organizations that appointments of a civic or com- Legal Assistance has been named a committee. advises and supports private Christian munity nature. Information may Public Interest Law Fellow by the schools in Philadelphia. be sent to Jeff Lyons, Managing Independence Foundation. Howard Gittis, chairman of Temple Editor, Philadelphia Bar Reporter, University’s Board of Trustees, has Kenneth Gelburd, assistant Philadelphia Bar Association, 1101 Kori Ann Connelly, an associate endowed a chair in entrepreneurial regional counsel at the Pennsylvania Market St., 11th floor, Philadelphia, with Swartz Campbell LLC, was recent- finance at Temple’s Fox School of Department of Environmental Pa. 19107-2911. Fax: (215) 238-1267. ly elected president of the board of Business for $1.5 million in honor of Protection’s Southeastern Regional E-mail: [email protected]. directors of Habitat for Humanity Ronald A. Perelman, chairman and Office, was a faculty member at the Photos are also welcome. Philadelphia, a nonprofit homeowner- CEO of MacAndrews & Forbes National Association of Attorneys

PHILADELPHIA 22 NOVEMBER 2004 / BAR REPORTER PHILADELPHIA BAR REPORTER / NOVEMBER 2004 23 EXCLUSIVE DEALER

MON-TUES-FRI-SAT-10-6, WED-THURS-10-8, SUN 12-5

PHILADELPHIA 24 NOVEMBER 2004 / BAR REPORTER